EXCHANGE 


GENERAL  LAWS  or  MASSACHUSETTS 


RELATING  TO  THE 


MANUFACTURE  AND  SALE  OF  GAS  AND 
ELECTRICITY 


PERSONS  AND  CORPORATIONS,  BOTH  PRIVATE  AND 
MUNICIPAL. 

COMPRISING  THE  PROVISIONS  OF  THE  REVISED  LAWS  WITH  SUBSEQUENT 
LEGISLATION  TO  AND  INCLUDING  THE  ACTS  OF  THE  YEAR  1910. 

ALSO 

THE  SPECIAL  LAWS  RELATING   TO    THE  BOSTON   CONSOLIDATED   GAS 

COMPANY,  THE  ACT  OF  1910  TO  PROVIDE  FOR  THE  ABATEMENT 

OF  SMOKE  IN  BOSTON  AND    VICINITY  AND  A   TABLE 

OF  ALL  SPECIAL  LAWS  RELATING   TO   THE 

MANUFACTURE  AND   SALE   OF  GAS 

AND  ELECTRICITY. 


COMPILED  BY  THE  BOARD  OF  GAS  AND  ELECTRIC  LIGHT  COMMISSIONERS. 


BOSTON: 

WEIGHT  &  POTTER  PRINTING  CO.,  STATE  PRINTERS, 

18  POST  OFFICE  SQUARE. 

1910. 


APPROVED  BY 
THE  STATE  BOARD  OF  PUBLICATION. 


NOTE, 


This  edition  of  the  general  laws  relating  to  persons  and  corporations, 
private  and  municipal,  engaged  in  the  business  of  manufacturing  and  selling 
gas  and  electricity,  has  been  prepared  for  the  convenience  of  parties  in- 
terested, and  with  especial  reference  to  the  jurisdiction  and  duties  of  the 
Board  of  Gas  and  Electric  Light  Commissioners.  In  the  absence  of  a  codi- 
fication of  the  laws  in  question,  the  text  is  made  up  primarily  of  chapters 
121,  34,  58,  110  and  122  of  the  Revised  Laws,  but  with  these  chapters  and 
under  their  respective  general  titles  are  printed  such  other  provisions  of  the 
Revised  Laws  and  subsequent  acts  as  are  necessary  to  the  proper  interpre- 
tation and  understanding  of  the  provisions  of  the  chapters  named. 

The  Boston  Consolidated  Gas  Company  serves  so  large  a  territory  and 
so  large  a  proportion  of  the  total  population  of  the  Commonwealth  that  it 
has  been  deemed  best  to  add  to  this  compilation  the  recent  special  acts 
which  apply  to  this  company. 

The  act  of  1910  relative  to  the  abatement  of  smoke  in  Boston,  Brookline, 
Cambridge,  Chelsea,  Everett  and  Somerville  imposes  the  duty  of  admin- 
istering this  law  upon  the  Board,  and  is  therefore  given  in  full. 

As  a  matter  of  convenience  and  interest  a  table  of  all  special  laws  relating 
to  the  manufacture  and  sale  of  gas  and  electricity  has  been  added,  includ- 
ing special  laws  enacted  by  the  General  Court  in  1910. 

Sections  which  have  been  repealed  are  enclosed  in  brackets;  new  or  sub- 
stituted sections  are  printed  in  italics.  Words  which  have  been  stricken  out 
by  amendment  are  enclosed  in  brackets,  and  words  which  have  been  inserted 
by  amendment  are  printed  in  italics. 


TABLE   OF   CONTENTS. 


[Showing  the  pages  on  which  may  be  found  the  provisions  of  the'Revised  Laws  and  subsequent  legislation 

contained  in  this  publication.] 

REVISED  LAWS:  — 

PAGE 

ACTS  OF  1903  —  Concluded. 

PAGE 

c.  5,  §  11, 

.   129 

c.  417,       

150-160 

c.  9,  §  7,  . 

.     15 

c.  423,       

113,  114 

c.  18,  §  6, 

.     15 

c.  424,       

.   129 

c.  25,  §§  52-55,  83,    . 

.     142,  143 

c.  464,       

96,  97 

c.  26,  §  6, 

.  144 

c.  484,       

58-60 

c.  27,  §§  5,  8,  9,  12,    . 

.     65 

§  13, 

.     66 

c.  34, 

61-87 

ACTS  OF  1904:  — 

c.  47,  §  21, 

.   133 

c.  435,       .... 

12,  13 

c.  48,  §  85, 

.  144 

c.  57,  §§  86-93, 

56-58 

ACTS  OF  1905:  — 

c.  58, 

88-99 

c.  156,       

.   138 

c.  98,  §  3, 

.     60 

c.  410,  §§  1,  2,  . 

70-72 

c.  109,  §§  2-6,  . 

.     Ill,  112 

§§  3,  4,  . 

74-77 

§7,         . 

.  103 

§  5,                   .          .          ^ 

79,  80 

§§  8-10, 

.     104,  105 

§  6, 

83,  84 

§  11,       . 

.  106 

§  7, 

.     84 

§§  15-17,         . 

.  112 

c.  421,  §  1,         . 

151-153 

§  18,       . 

.   120 

§§  2,  3,  . 

159,  160 

§§  20,  21,  24,  26-28,  30, 

31,      18-21 

§§  32-35, 

.     112,  113 

§40,       . 

.  125 

ACTS  OF  1906:  — 

§§  41-57, 

.     136-139 

c.  117,      

.   142 

c.   110   (§§   6,  8,   10-12,  49,  56 

,  71-75 

c.  218,       

63,  64 

omitted),        .          . 

.     100-140 

c.  392,       

22,  23 

c.  121,      .          .          .       .  . 

9-35 

c.  411,       

.     76 

c.  122  (§§  6-15,  24,  omitted), 

.     141-149 

c.  422,       .           . 

161-164 

c.  126,  §§  1,  11, 

.     23 

c.  434,       .          .           .          .          . 

.     59 

c.  463,  III.,  §§  59-63,  155,  160,  . 

62,  63 

ACTS  OF  1902:  — 

c.  228,       .... 

90-93 

ACTS  OF  1907:  — 

c.  441,       .          . 

.     122,  123 

c.  54,         

.     11 

c.453,  §§2-4,  . 

57,  58 

c.  316,       .          . 

.      0 

c.  581,  §§  3-5,  . 

55,  56 

ACTS  OF  1903:  — 

c.  164,       .... 

.     31 

ACTS  OF  1908:  — 

c.  237,       .... 

.     141,  142 

c.  163,       .... 

105,  106 

c.  255,       .... 

.     69 

c.  205,  §§  1,  2,  . 

56,  57 

c.  406, 

30 

c.  219,       

140 

TABLE   OF  CONTENTS. 


ACTS  OF  1908  —  Concluded. 

PAGE 

ACTS  OF  1909  —  Concluded. 

PAGE 

c.  233,       

.   148 

c.  514,  §§  20-23,  37-43,       . 

85-87 

c.  243,       . 

.     34 

§§  17-19,  25-29,  33-36,  45 

,52, 

c.  304,       

.     57 

78-85,    91-94,    96-100, 

103, 

c.  341,  §§  1,  2,  4,        . 

64-66 

104,  112,  113,  120,  127-141, 

c.  382,       . 

.   140 

144,    .... 

39-53 

c.  444,       

.     16 

c.  469,       

.     93 

ACTS  OF  1910:  — 

c.  486,       .                    ... 

.     77 

c.  124,       

126 

c.  529,       

26,  27 

c.  166,  §2,          .... 

.     50 

c.  534,       

121,  122 

c.  171,       

114-120 

c.  536,       

.     11 

c.  197,       

.   104 

c  617 

28,  29 

c.  219,       

57 

c.  655,       

9,  10 

c.  220,       

13,  14 

c.  268,       

16,  17 

ACTS  OF  1909:  — 

c.  270,       

.     37 

c.  173,       

.     74 

c.  346,       

.   102 

c.  316,       

.     27 

c.  350,       

.     47 

c.  318,      

.     94 

c.  374, 

21,  22 

c.  420,       ..... 

.     60 

c.  379,       

.     66 

c.  424,  §  1, 

56 

c.  445,       

53,  54 

c.  439,       

.     35 

c.  452,       

.     15 

c.  440,       

35-37 

c.  539,       

.     10 

c.  441,       

.     31 

c.  559,       

54,  55 

c.  477,       . 

21,  22 

c.  616,       

.     67 

c.  483,  §  1,        '  .          .„,'.. 

94,  95 

c.  624,       .          .          .        (  . 

80-83 

§§  2-4,  . 

96-99 

c.  651,       

165-170 

§§  5-8,  .          . 

91-93 

c.  490,  I.,  §  23, 

.     35 

HI.,  §9,          .          . 

.      12 

III.,  §§  39-43,  45,   . 

35-39 

LAWS 


RELATING  TO 


GAS  AND  ELECTRICITY 


REVISED  LAWS. 


CHAPTER  121. 
OF    GAS    AND    ELECTRIC    LIGHT    COMPANIES. 

SECTIONS      1-0.  —  Board  of  Gas  and  Electric  Light  Commissioners. 
SECTIONS  10-41.  —  Gas  and  Electric  Light  Companies. 

BOARD    OF    GAS    AI^D    ELECTKIC    LIGHT    COMMISSIONERS. 

SECTION  1.     There  shall  be  a  board  of  gas  and  electric  Board  of  gas 
light  commissioners  consisting  of  three  persons,  citizens  fightecom-ic 
of  this  commonwealth,  one  of  whom  shall  annually  before 
the  first  day  of  July  be  appointed  by  the  governor,  with 
the  advice  and  consent  of  the  council,  for  a  term  of  three  i||ji  373! 
years  from  said  day.     The  commissioners  shall  be  sworn  1898,'  499! 
to  the  faithful  performance  of  their  official  duties.     They  558. 
shall  not  be  in  the  employ  of  or  own  any  stock  in  any  gas 
or  electric  light  company  or  be  in  any  way,  directly  or  in- 
directly,    pecuniarily   interested    in   the   manufacture    or  1910>539- 
sale  of  gas  or  electric  light  or  of  any  article  or  commodity 
used  by  gas  or  electric  light  companies  or  used  for  any 
purpose  connected  with  the  manufacture  or  sale  of  gas  or 
electric  light,  [and  shall  not  engage  in  any  other  business.] 
The  governor  shall  designate  the  chairman  of  the  board 
and  may,  with  the  advice  and  consent  of  the  council,  re- 
move any  member  for  cause  after  notice  and  hearing.    The 
chairman  of  the  board  shall  receive  from  the  common- 
wealth an  annual  salary  of  four  thousand  dollars  and  each 
of  the  other  two  members  an  annual  salary  of  three  thou- 
sand five  hundred  dollars.     The  board  shall  be  provided 
with  an  office  in  the  state  house  or  in  some  other  suitable 
place  in  the  city  of  Boston  in  which  their  records  shall  be 
kept. 

Acts  of  1908,  Chapter  655. 

An  Act  relative  to  Accommodations  for  the  Board  of  Gas  and  Elec- 
tric Light  Commissioners,  and  to  authorize  the  Rearrangement 
of  Booms  in  the  State  House. 

SECTION  1.     On  or  before  the  first  day  of  September,  or  such  B,™f ^  ^Lf as 
other  date  as  the  governor  and  council  may  determine,  in  the  pres-  light  com- 

,,.,.,  ,     ,,    missioners  to 

ent  year,  the  board  of  gas  and  electric  light  commissioners  shall  be  provided 
vacate  the  rooms  in  the  state  house  now  occupied  by  the  board,  offices,  etc. 


10 


GAS   AND  ELECTRIC   LIGHT  COMPANIES. 


Rooms  va- 
cated to  be 
remodeled, 
etc. 


Salaries  of 
gas  and 
electric  light 
commis- 
sioners 
established. 


shall  provide  itself  with  suitable  offices  elsewhere  for  the  transac- 
tion of  its  business,  and  may  remove  thereto  such  portion  of  the 
furniture  now  in  use  by  the  board  as  may  be  suitable  for  its  use 
in  the  new  location.  The  rental  of  such  offices,  the  expense  of 
fitting  and  furnishing  the  same  for  the  use  of  the  board,  and  the 
cost  of  removal  from  the  rooms  now  occupied  by  the  board  shall  be 
borne  by  the  several  gas  and  electric  light  companies  in  proportion 
to  their  gross  earnings  and,  together  with  the  other  annual  ex- 
penses of  the  commissioners,  shall  be  assessed  and  recovered  in  the 
manner  provided  by  section  three,  Part  I,  of  chapter  four  hundred 
and  sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six, 
for  the  assessment  and  recovery  of  the  expenses  of  the  railroad 
commissioners. 

SECTION  2.  The  governor  and  council  may  remodel  and  rear- 
range the  rooms  vacated  by  the  board  of  gas  and  electric  light 
commissioners,  and  may  cause  them  to  be  used  for  such  purposes 
and  by  such  departments  or  officials  as  the  governor  and  coun- 
cil may  designate. 

SECTION  3.  This  act  shall  take  effect  upon  its  passage.  [Ap- 
proved June  13,  1908. 

Acts  of  1910,  Chapter  539. 

An  Act  relative  to  the  Salaries  of  the  Board  of  Gas  and  Electric 
Light  Commissioners. 

SECTION  1.  The  annual  salary  of  the  chairman  of  the  board 
of  gas  and  electric  light  commissioners  shall  be  five  thousand 
dollars  and  that  of  the  other  commissioners  forty-five  hundred 
dollars  each,  from  and  after  the  first  day  of  July  in  the  year 
nineteen  hundred  and  ten. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Ap- 
proved May  18,  1910. 


Clerk  of 
commission. 
1885,  314, 
§  1. 

1894,  503. 
1898,  499. 


Incidental 
expenses  and 
clerical  as- 
sistance. 
1885,  314,  §  5 
1891,  351. 
1895,  463,  §  1, 
1899,  365. 
1901,  499,  §  1 


SECTION  2.  The  board  shall  have  a  clerk,  who  shall  be 
•appointed  by  the  governor,  with  the  advice  and  consent 
of  the  council,  who  shall  not  engage  in  any  other  business, 
shall  keep  a  full  and  faithful  record  of  the  proceedings 
of  the  board,  shall  serve  such  notices  and  perform  such 
other  duties  as  the  commissioners  may  require  and  shall 
be  sworn  before  entering  upon  the  performance  of  his 
duties. 

[SECTION  3.  The  board  may  expend  not  more  than 
three  thousand  dollars  annually  for  necessary  statistics, 
books  and  stationery  and  for  necessary  incidental  ex- 
penses ;  and  not  more  than  forty-one  hundred  dollars  an- 
nually for  clerical  assistance.]  Repealed.  1907,54,^3. 


GAS  AND  ELECTRIC   LIGHT  COMPANIES.  11 


Acts  of  1907,  Chapter  54. 

An  Act  relative  to  the  Expenses  of  the  Board  of  Gas  and  Electric 
Light  Commissioners. 

SECTION  1.    The  board  of  gas  and  electric  light  commissioners  Gas  and 
may  expend  annually  for  necessary  statistics,  books,  stationery  commission* 
and  contingent  expenses,  and  for  clerical  assistance,  such  sum  as  expensesTetc. 
the  general  court  shall  annually  appropriate. 

SECTION  2.  The  salary  of  the  inspector  of  gas  meters  shall  be  Salaries,  etc. 
twenty-five  hundred  dollars  a  year ;  of  the  first  assistant  inspector, 
fifteen  hundred  dollars  a  year;  of  the  second  assistant  inspector, 
twelve  hundred  dollars  a  year;  and  the  board  of  gas  and  electric 
light  commissioners  may  expend  annually  for  the  compensation  of 
deputies,  and  for  office  rent,  travelling  and  other  necessary  ex- 
penses incident  to  the  duties  of  said  inspectors,  such  sum  as  the 
general  court  shall  annually  appropriate. 

SECTION  3.    Section  three  of  chapter  one  hundred  and  twenty-  Repeal, 
one  of  the  Revised  Laws  and  section  six  of  chapter  two  hundred 
and  twenty-eight  of  the  acts  of  the  year  nineteen  hundred  and  two 
are  hereby  repealed. 

SECTION  4.    This  act  shall  take  effect  upon  its  passage.     [Ap- 
proved January  31,  1907. 

Acts  of  1908,  Chapter  536. 

An  Act  relative  to  the  Expenses  of  the  Board  of  Gas  and  Electric 
Light  Commissioners. 

SECTION  1.    The  board  of  gas  and  electric  light  commissioners  Expenses  of 
may  expend  annually  for  necessary  statistics,  books,  stationery 
and  contingent  expenses,  and  for  clerical  assistance,  such  sums  as 
the  general  court  shall  annually  appropriate. 

SECTION  2.    The  salary  of  the  present  inspector  of  gas  meters  salaries  of 
and  of  illuminating  gas  shall  be  twenty-eight  hundred  dollars  a  emPloyees- 
year;  of  the  present  first  assistant  inspector,  eighteen  hundred 
dollars  a  year;  of  the  present  second  assistant  inspector,  sixteen 
hundred  dollars  a  year;  and  the  board  of  gas  and  electric  light 
commissioners  may   expend   annually  for   the   compensation   of 
deputies,  and  for  office  rent,  travelling  and  other  necessary  ex- 
penses incident  to  the  duties  of  said  inspectors,  such  sum  as  the 
general  court  shall  annually  appropriate. 

SECTION  3.     So  much  of  chapter  fifty-four  of  the  acts  of  the  Repeal, 
year  nineteen  hundred  and  seven  as  is  inconsistent  herewith  is 
hereby  repealed. 

SECTION  4.    This  act  shall  take  effect  upon  its  passage. 

(The  foregoing  was  laid  before  the  Lieutenant  Governor,  Acting 
Governor,  on  the  fourteenth  day  of  May,  1908,  and  after  five  days 


12 


GAS  AND  ELECTRIC  LIGHT  COMPANIES. 


Assessment 
of  expenses. 
1885,  314, 
§6. 

1887,  382, 
§4. 

1891,  351. 
1895,  463, 

1899,  365. 

Repealed. 

1904,435. 


Of  railroad, 
gas  and 
electric  light 
commis- 
sioners. 
1864,  152,1  7. 
1869,408,%  9. 
1874,  372, 
118. 

1878,167,%  1. 
P.S.112, 
%12. 

1885,  314,  §  6. 
1887,334,%  4; 
382,  %  4. 
1890,200,  %  3. 
1891,351. 
1894,535,  %  8. 
1895,  313; 
463,  %  1. 
1897,  376,  %  4. 
1899,  365. 
R.L.lll, 
%  10;  121,  §  4. 
1904,429; 
435,  %  1. 
1906,463, 
Ft.  I.,  %  3. 

Balance  re- 
maining 
December  31, 
etc.,  to  be 
carried  to 
next  year. 


it  had  "  the  force  of  a  law  ",  as  prescribed  by  the  Constitution,  as 
it  was  not  returned  by  him  with  his  objections  thereto  within  that 
time.) 

[SECTION  4.  The  annual  expenses  of  the  commission- 
ers and  clerk,  including  salaries,  shall  be  borne  by  the 
several  gas  and  electric  light  companies  in  proportion  to 
their  gross  earnings,  and  shall  be  assessed  and  recovered 
in  the  manner  provided  by  section  ten  of  chapter  one  hun- 
dred and  eleven  for  the  assessment  and  recovery  of  the 
expenses  of  the  railroad  commissioners.] 

Acts  of  1904,  Chapter  435. 

An  Act  relative  to  the  Assessment  of  the  Salaries  and  Expenses 
of  the  Board  of  Gas  and  Electric  Light  Commissioners. 

SECTION  1.  (Superseded  by  Acts  of  1909,  chapter  490,  Part 
III.,  $  9.) 

Acts  of  1909,  Chapter  490,  Part  III.,  §  9. 

Section  9.  All  sums  of  money  annually  appropriated  by  the 
general  court  for  the  salaries  and  expenses  of  the  board  of  rail- 
road commissioners  and  of  the  board  of  gas  and  electric  light 
commissioners,  their  clerks  and  employees,  shall  be  apportioned 
by  the  tax  commissioner  among  the  several  railroad  corporations 
and  street  railway  companies  and  among  the  several  gas  and 
electric  light  companies,  respectively;  and  on  or  before  the  first 
day  of  July  in  each  year  he  shall  assess  upon  each  of  said  corpo- 
rations and  companies  its  share  of  said  sums,  in  the  case  of  rail- 
road corporations  and  street  railway  companies  in  proportion 
to  its  gross  earnings  from  the  transportation  of  persons  and 
property  for  the  year  last  preceding  the  year  in  which  the  assess- 
ment is  made,  and  in  the  case  of  gas  and  electric  light  companies 
in  proportion  to  its  gross  earnings  for  the  year  last  preceding 
the  year  in  which  the  assessment  is  made;  and  such  assessments 
shall  be  collected  in  the  same  manner  as  taxes  upon  corporations. 

SECTION  2.  Of  the  amount  so  assessed  and  collected  any  bal- 
ance remaining  on  the  thirty-first  day  of  December  in  any  year, 
and  all  forfeitures  collected  under  section  thirty-two  of  chapter 
one  hundred  and  twenty-one  of  the  Revised  Laws  and  all  fees 
collected  under  section  thirty-six  of  said  chapter  and  under  sec- 
tion five  of  chapter  two  hundred  and  twenty-eight  of  the  acts  of 
the  year  nineteen  hundred  and  two,  during  the  year,  shall  be 
carried  forward  to  the  next  year  and  shall  be  taken  into  account 
in  making  an  appropriation  for  that  year. 


GAS  AND  ELECTRIC  LIGHT  COMPANIES.  13 

SECTION  3.  Section  four  of  chapter  one  hundred  and  twenty-  Repeal,  etc. 
one  of  the  Revised  Laws  is  hereby  repealed  ;  but  on  or  before  the 
first  day  of  July,  nineteen  hundred  and  four,  the  tax  commissioner 
shall  apportion  and  assess  such  expenses  therein  mentioned  as 
were  incurred  by  the  board  of  gas  and  electric  light  commissioners 
prior  to  the  first  day  of  January,  nineteen  hundred  and  four,  in 
the  manner  therein  provided. 

SECTION  4.    This  act  shall  take  effect  upon  its  passage.     [Ap- 
proved June  8,  1904. 

Acts  of  1910,  Chapter  220. 

An  Act  to  provide  for  Supervision  by  the  Governor  and  Council 
of  Expenditures  and  Other  Financial  Operations  of  the  Com- 
monwealth. 

SECTION  1.     Every  officer  or  board  having  charge  of  any  de-   Certain 
partment,  institution  or  undertaking  which  receives  an  annual  folbeTub-8 


appropriation  of  money  from  the  treasury  of  the  commonwealth, 
including  annual  appropriations  to  be  met  by  assessments,  shall, 
annually,  on  or  before  the  fifteenth  day  of  November,  submit  to 
the  auditor  of  the  commonwealth  statements  in  detail  showing  the 
amount  appropriated  for  the  current  fiscal  year  and  the  amounts 
required  for  the  ensuing  fiscal  year,  with  an  explanation  of  the 
reason  for  any  increased  appropriation,  and  with  citations  of  the 
statutes  relating  thereto,  and  with  a  statement  of  the  expendi- 
tures for  the  current  year  and  for  each  of  the  next  preceding  two 
years.  The  said  estimates  shall  not  include  any  estimates  for 
special  purposes  or  objects.  The  auditor  of  the  commonwealth 
shall  embody  the  said  statements,  with  a  like  statement  relating 
to  his  own  department,  in  one  document,  which  shall  be  printed, 
and  shall  be  submitted  on  or  before  the  first  Thursday  in  January 
of  each  year  to  the  governor  and  council  for  examination,  and  the 
governor  shall  transmit  the  same  to  the  general  court  with  such 
recommendations,  if  any,  as  he  may  deem  proper.  The  auditor 
shall  also  submit  his  estimates  for  the  ensuing  fiscal  year  for  the 
ordinary  and  other  revenue  of  the  commonwealth  which  shall  be 
made  a  part  of  the  document  herein  provided  for.  Copies  of  the 
document  shall  be  distributed  to  the  members  of  the  general  court. 

SECTION  2.     Officers,  heads  of  departments,  boards,  commis-  Annual 
sions  and  trustees  of  institutions,  who,  in  their  annual  reports,  or  boards!  corn- 


otherwise,  recommend  appropriations  from  the  state  treasury  for 
special  purposes  or  objects,  including  appropriations  to  be  met 
by  assessments,  in  addition  to  the  ordinary  running  expenses,  shall 
submit  estimates  thereof  in  detail  to  the  auditor  of  the  common-  year,  etc 
wealth  on  or  before  the  fifteenth  day  of  November  in  each  year, 


14 


GAS  AND   ELECTRIC   LIGHT  COMPANIES. 


Plans,  esti- 
mates, etc.,  to 
be  submitted 
to  the  gov- 
ernor and 
council. 


Information 
in  regard  to 
revenue  to  be 
furnished. 


Recommenda- 
tions of  the 
governor, 
etc. 


Repeal. 


General 
duties  of 
board. 
1885,  314, 
§  8.     ' 
1887,  382, 
§§  1,  6;  385, 
§§  7,  10. 
197  Mass.  558. 


Regulation  of 
purity  of  gas. 
1885,  314. 
§  11. 
197  Mass.  558. 


and  he  shall  classify  them  and  embody  them  in  one  document  which 
shall  be  printed,  and  shall  be  submitted  on  or  before  the  first 
Thursday  in  January  of  each  year  to  the  governor  and  council 
for  examination,  and  the  governor  shall  transmit  the  same  to  the 
general  court  with  such  recommendations,  if  any,  as  he  may  deem 
proper.  He  shall  make  recommendation  as  to  how  much  should 
be  raised  by  the  issue  of  bonds  and  how  much  should  be  paid  out 
of  current  revenue.  Copies  of  the  document  shall  be  distributed 
to  the  members  of  the  general  court. 

SECTION  3.  The  plans,  estimates  and  specifications  made  in 
accordance  with  the  provisions  of  chapter  five  hundred  and  twenty 
of  the  acts  of  the  year  nineteen  hundred  and  seven,  or  of  amend- 
ments thereof,  relating  to  any  improvement  described  in  either 
of  the  documents  aforesaid,  shall  at  the  same  time  be  submitted 
to  the  governor  and  ccuncil. 

SECTION  4.  The  auditor  shall  furnish  to  the  governor  and 
council  such  further  information  in  regard  to  the  revenue,  ex- 
penditures and  other  financial  operations  of  the  commonwealth, 
and  in  such  form  as  the  governor  may  require. 

SECTION  5.  The  governor  may,  in  his  discretion,  transmit  to 
the  general  court  from  time  to  time,  with  his  recommendations,  if 
any,  thereon,  particular  items  in  either  of  the  said  documents,  and 
may  withhold  other  items  for  further  investigation. 

SECTION  6.  Section  twenty-six  of  chapter  six  of  the  Revised 
Laws,  as  amended  by  section  six  of  chapter  two  hundred  and 
eleven  of  the  acts  of  the  year  nineteen  hundred  and  five  and  sec- 
tion five  of  chapter  five  hundred  and  ninety-seven  of  the  acts  of 
the  year  nineteen  hundred  and  eight,  and  all  acts  and  parts  of 
acts  inconsistent  herewith,  are  hereby  repealed. 

SECTION  7.  This  act  shall  take  effect  upon  its  passage.  [Ap- 
proved March  16,  1910. 

SECTION  5.  Said  board  shall  have  the  general  super- 
vision of  all  corporations  and  companies  which  are  engaged 
in  the  manufacture  and  sale  of  gas  or  electricity  for  light 
or  heat,  and  shall  make  all  necessary  examinations  and 
inquiries  and  keep  themselves  informed  as  to  the  compli- 
ance of  the  several  corporations  and  companies  with  the 
provisions  of  law. 

SECTION  6.  The  board  shall,  from  time  to  time,  ascer- 
tain what  degree  of  purity  can  reasonably  he  required  in 
gas  made  and  supplied  by  corporations  and  companies 
engaged  in  the  manufacture  and  sale  of  gas  for  light  or 


GAS  AND  ELECTRIC   LIGHT  COMPANIES.  15 

heat,  and  shall.  report  to  the  general  court,  when,  in  its 
opinion,  any  change  in  the  law  relative  thereto  is  desir- 
able. 

SECTION  7.     The  board  shall  annually,  on  or  before  the  Annual  report, 
first  Wednesday  in  January,  transmit  to  the  secretary  of  §  14.'  * 
the  commonwealth  a   report  to  the  general  court  of  its  §8286'  346> 
doings,  with  such  suggestions  as  to  the  condition  of  affairs  §§82%382' 
or  conduct  of  corporations  and  companies  which  are  en-  |8288>  350> 
gaged  in  the  manufacture  and  sale  of  gas  or  electricity 
for  light  or  heat  as  may  be  appropriate,  with  such  ab- 
stracts of  the  returns  required  by  section  thirty-one  as  it 
considers  expedient  and  an  abstract  of  the  accidents  re- 
ported to  it  under  the  provisions  of  section  thirty-nine. 

Revised  Laws,  Chapter  18,  §  6. 

SECTIOX  6.    State  boards  and  commissions  shall  annually,  on  or  Recommenda- 
before  the  first  Wednesday  in  January,  deposit  with  the  secretary  inflation. 


of  the  commonwealth  such  parts  of  their  annual  reports  which  are 
required  to  be  made  to  the  governor  and  council  or  to  the  general  191°>452- 
court  as  contain  recommendations  or  suggestions  for  legislative 
action,  such  recommendations  or  suggestions  to  be  accompanied  by 
drafts  of  bills  embodying  the  legislation  recommended,  and  the 
secretary  shall  forthwith  transmit  them  to  the  governor  and  coun- 
cil or  to  the  general  court. 

Revised  Laws,  Chapter  9,  §  7. 

SECTION  7.    There  shall  be  printed  annually,  before  the  assem-  Public  docu- 

bling  of  the  general  court  or  as  soon  thereafter  as  possible,  the  1357,  40,  §2. 

number  of  copies  of  documents  and  reports  hereinafter  specified,  i863,42i92' 

the  same  to  be  numbered  in  a  series  to  be  called  public  documents.  J|™.  *J|- 

Said  reports  shall  be  as  brief  as  possible  without  omitting  any  §§^  5^ 

facts  or  information  required  by  law  to  be  contained  therein.     [No  §  i.  ' 

•         *       .11  iHoO,  lyo, 

maps,  plans,  photogravures,  wood  cuts  or  other  pictorial  illustra-   §  i. 

tions  shall  be  introduced  unless  specially  authorized  by  the  gen-   §  i. 


eral  court  or  either  branch  thereof  or,  if  the  cost  does  not  ex- 

ceed   five   hundred   dollars,   with   the   previous   approval   of   the  |8789>  440» 

secretary   of   the   commonwealth,   acting   as   supervisor   of   state  |8794>  393> 

printing,  and  of  the  auditor  of  accounts;  but  said  reports  may  i|96,  258. 

include  abstracts  or  compilation  of  the  statutes  relative  to  the  i90i|  257] 

subject  matter  of  the  respective  reports.]     They  shall  be  trans-  §8;230;' 

mitted  to  the  general  court  through  the  office  of  the  secretary  §  7;'470,'§  2. 
of  the  commonwealth.     No  more  copies  than  is  herein  provided 
for  shall  be  printed  at  the  expense  of  the  commonwealth  or  be 


16 


GAS  AND  ELECTRIC  LIGHT  COMPANIES. 


1903,  291; 
390. 

1904,  209; 
388,  §§  1,2; 
410. 

1905,  138; 
275. 


paid  for  out  of  any  contingent  fund,  or  out  of  the  earnings  of 
any  department  or  institution  which  are  the  property  of  the  com- 
monwealth; and  no  bill  for  printing  any  larger  number  shall 
be  approved  by  the  auditor  or  paid  out  of  any  funds  belonging 
to  the  commonwealth. 


Gas  and 
electric  light. 


Amended. 
1908,444. 


Of  the  board  of  gas  and  electric  light  commissioners,  thirty- 

'  122*  §  2'    ^Ve  nun<^re^  Copies.  1889,  440,  §  7.       1894,  393,  §  7.       1895,  463,  §  2. 

Unless  otherwise  expressly  provided,  all  the  reports  of  perma- 
nent state  officers,  boards  and  commissioners  shall  be  included  in 
the  public  document  series,  and  one  thousand  copies  of  each  of 
said  reports  shall  be  printed.  The  number  of  copies  of  any  re- 
port to  be  printed  in  any  one  year  may  be  decreased  by  agree- 
ment between  the  officer,  board  or  commission  making  such  re- 
port and  the  secretary  of  the  commonwealth. 


Lists  of 
officials  and 
employees  of 
the  common- 
wealth to  be 
furnished  to 
the  governor 
and  council, 
etc. 


Auditor  to 
verify  lists, 
etc. 


Acts  of  1910,  Chapter  268. 

An  Act  to  provide  for  the  Annual  Preparation  and  Printing  of 
Lists  of  State  Officials  and  Employees  with  their  Salaries  or 
Compensation. 

SECTION  1.  Every  department,  commission,  bureau  or  board  of 
the  commonwealth,  shall,  on  or  before  the  fifteenth  day  of  July 
in  the  year  nineteen  hundred  and  ten,  and  on  or  before  the  fif- 
teenth day  of  July  in  every  year  thereafter,  prepare  and  furnish 
to  the  governor  and  council  lists  of  all  the  officials  and  employees 
of  the  commonwealth  employed  in  or  by  such  department,  commis- 
sion, bureau  or  board  on  the  first  day  of  July  preceding,  for 
whose  services  money  has  been  paid  from  the  treasury  of  the 
commonwealth.  The  said  lists  shall  be  arranged  by  divisions  of 
the  several  departments,  commissions,  bureaus  or  boards,  when 
such  divisions  exist,  and  shall  give  the  name,  residence,  designa- 
tion, rate  of  compensation  and  the  date  of  election  or  appoint- 
ment of  every  such  official  and  employee,  and  any  increase  in  the 
rate  of  salary  or  compensation  for  the  year  preceding;  and  also 
the  aggregate  amount  of  all  money  paid  for  services  or  salaries 
to  any  official  or  employee,  not  otherwise  shown  upon  the  list, 
for  the  year  beginning  with  the  first  day  of  July  in  the  year 
preceding  that  in  which  the  list  is  prepared.  It  shall  be  the  duty 
of  the  auditor  of  the  commonwealth  to  verify  the  said  lists,  the 
compensation  and  the  said  aggregate  amounts  from  the  pay  roll. 
The  said  lists  and  aggregate  amounts  shall  be  printed  at  the  ex- 
pense of  the  commonwealth  as  a  document  of  the  commonwealth, 
before  the  first  day  of  October  in  the  year  in  which  they  are  fur- 


GAS  AND  ELECTRIC  LIGHT  COMPANIES.  17 

nished,  and  the  said  document  shall  contain  the  complete  data 
and  facts  called  for  by  this  act. 

SECTION  2.     This  act  shall  take  effect  upon  its  passage.     [Ap- 
proved March  22,  1910. 

SECTION  8.     If  a  corporation  or  company  which  is  en-  violations  of 
gaged  in  the  manufacture  and  sale  of  gas  or  electricity  for  isls'sii?  °f* 
light  or  heat  violates  or  neglects  to  comply  with  the  provi-  f/s2?,  332, 
sions  of  law,  or  refuses  or  neglects  to  comply  with  any  f|op6'A.  G. 
lawful   order  of  the  board,   the  board  shall   give  notice  ?i-J™ 

..,.,»_  '  i"  I  Mass.  ooo. 

thereof  in  writing  to  such  corporation  or  company,  and  to 
the  attorney  general  for  his  action. 

SECTION  9.     The  supreme  judicial  court  or  the  superior  Enforcement 
court  shall  have  jurisdiction  in  equity,  upon  the  applica-  isss,  314, 


tion  of  said  board,  to  enforce  all  lawful  orders  of  said  board    ss?,  332, 
and  all  provisions  of  law  relative  to  cities,  towns,  corpora-  f  82g6)  426 
tions  or  persons  engaged  in  the  manufacture  and  sale  of  197  Mass-  558> 
gas  or  electricity  for  light  or  heat. 


GAS    AND    ELECTRIC    LIGHT    COMPANIES. 

SECTION  10.     No  gas  company,  unless  specially  author-  Bonds  of  gas 
ized,  shall  issue  any  bonds  at  less  than  the  par  value,  nor 
for  an  amount  exceeding  its  capital  actually  paid  in  and 
applied  to  the  purposes  of  its  incorporation.  |53g  Mass  505> 

SECTION  11.     The  proceeds  of  all  bonds  which  may  be  _appiica- 
issued  shall  be  applied  to  the  payment  of  obligations  in-  proceeds  of. 
curred  for  the  enlargement  or  extension  of  the  works  and  g8386>  346> 
the  purchase  of  real  estate  for  the  use  of  such  gas  com-  g89^450' 
pany  or  for   the   payment  of  liabilities   existing  on  the  ISQB,  473. 

f,   .    ,.    ,T       H  <•    T  •          i  '    i   ,  ^     159  Mass.  505. 

thirtieth  day  oi  June  in  the  year  eighteen  hundred  and 
eighty-six.  A  company  may,  subject  to  the  provisions  of 
sections  twenty-four,  twenty-six,  twenty-seven  and  twenty- 
eight  of  chapter  one  hundred  and  nine,  upon  vote  of  a  ma- 
jority in  interest  of  its  stockholders  at  a  meeting  duly 
called  for  the  purpose,  issue  bonds  in  accordance  with  the 
provisions  of  this  and  the  preceding  section,  to  bear  in- 
terest at  not  more  than  six  per  cent  per  annum,  and  may 
secure  the  payment  of  principal  and  interest  by  a  mort- 
gage of  its  franchise  and  other  property. 

SECTION    12.     Any    corporation    which    is    organized  Mortgage 

«      -i  .  ,,  ,.  i        •        i    bonds  of 

under  the  laws  of  this  commonwealth  and  is  authorized  electric  light 

,  n  .         companies. 

to  erect  and  maintain  poles,  wires  or  other  fixtures  in,   1890, 371. 


18  GAS   AND   ELECTRIC   LIGHT  COMPANIES. 

over  or  under  streets  and  highways  for  the  purpose  of 
furnishing  electricity  for  light  or  power  may  secure  the 
payment  of  bonds  issued  by  it  by  a  mortgage  of  its  fran- 
chise in  connection  with  its  corporeal  property,  so  that  all 
persons  who  acquire  any  poles,  wires  or  fixtures  by  virtue 
of  such  mortgage  shall  have  the  same  rights  and  be  sub- 
ject to  the  same  obligations  relative  to  their  erection,  care 
and  maintenance  as  the  corporation  would  have  had  or 
been  subject  to  if  the  mortgage  had  not  been  made.  Such 
mortgage  and  all  bonds  shall  be  authorized  by  vote  of  a 
majority  in  interest  of  the  stockholders  of  the  corporation 
at  a  meeting  called  for  that  purpose  ;  and  the  rate  of  in- 
terest on  such  bonds  shall  not  exceed  six  per  cent  per  an- 
num. No  bonds  shall  be  issued  by  any  such  corporation 
for  an  amount  exceeding  its  capital  then  actually  paid  in 
and  applied  to  the  purposes  of  the  corporation. 

Revised  Laws,  Chapter  109,  $$  20,  21,  24,  26,  27,  28,  30  and  31. 

Bcr?kdivi-  SECTION  20.    No  telegraph,  telephone,  gas  light,  electric  light, 

dends  forbid-     steam  railroad,  street  railway,  aqueduct  or  water  company  estab- 
1868,  3io,'  §  i.  lished  under  the  laws  of  this  commonwealth  shall  declare  any 

1  ftTl    S8Q 

1874,'  372,'  stock  or  scrip  dividend  or  divide  the  proceeds   of  the  sale   of 

p.1s7i05,  stock  or  scrip  among  its  stockholders  ;  nor  shall  any  such  company 

1  61.'  112'  issue  any  share  of  stock  to  any  person  unless  the  par  value  of  the 

Seea'/tor'Jz-1'  snares  so  issued  is  first  paid  in  cash  to  its  treasurer;  and  no  Tail- 

roads  and  road   corporation  shall  without   authority  of  the   general  court 

ways,  increase  its  capital  stock  beyond  the  maximum  amount  fixed  by 

§§63,258;   ''  its  act  of  incorporation  or  fixed  under  the  provisions  of  section 

iss.'    *    °5'  sixty-one  of  chapter  one  hundred  and  eleven. 

Liability  of  SECTION  21.    All  certificates  of  stock  or  scrip  which  are  issued 

1868,  sib,  §  2.  in  violation  of  the  provisions  of  the  preceding  section  shall  be 

§  19';  112,  void;  and  the  directors  of  the  corporation  which  issues  them  shall 

1894,  350,  §  2.  be  liable  to  a  penalty  of  one  thousand  dollars  each,  to  be  recovered 

foads8  andaU'  *>y  indictment  in  any  county  in  which  any  of  them  reside;  but  if 

8i906  r463aff.',  anv  sucl1  director  proves  that,  before  such  issue,  he  filed  his  dis- 

ni64§§5i8o'6  sent  *n  wpiting  thereto  with  the  clerk,  or  was  absent  and  at  no 

158.  time  voted  therefor,  he  shall  not  be  so  liable. 
issue  of  capi-          SECTION  24.     Railroad   corporations  and  street  railway  coin- 

tal  stock.  ... 

1875,  161.         panics  shall  issue  only  such  amounts  of  stock  and  bonds,  coupon 

T>         Q         1    1    O 

§  '7.  '  notes  and  other  evidences  of  indebtedness  payable  at  periods  of 


§8i  ;4452,°'§  i  ;    more  tnan  twelve  months  after  the  date  thereof,  and  gas  and 
1897?  33*7,         electric  light  companies,  corporations  established  for  and  engaged 
in  the  business  of  transmitting  intelligence  by  electricity,  aqueduct 


GAS  AND   ELECTRIC   LIGHT  COMPANIES.  19 

and  water  companies,  shall  issue  only  such  amount  of  stock  and   [lOp.  A.  G. 
bonds,  as  the  board  of  railroad  commissioners  in  the  case  of  rail-  ITQ'MRSS.  20. 
road  corporations  or  street  railway  companies,  the  board  of  gas   199  Mass! 
and  electric  light  commissioners  in  the  case  of  gas  or  electric  light 
companies,  may  from  time  to  time  vote,  or  the  commissioner  of 
corporations  in  the  case  of  the  other  corporations  hereinbefore   §§°/5 5. 
specified  may  from  time  to  time  determine,  is  reasonably  neces-  Hi-  §§  toe, 
sary  for  the  purpose  for  which  such  issue  of  stock  or  bonds  has  1908,  ese. 
been   authorized.     Said  boards   or  commissioner  shall  render  a  gas  and  eiec- 
decision  upon  an  application  for  such  issue  within  thirty  days  Companies, 
after  the  final  hearing  thereon.    Such  decision  shall  be  in  writing,  \9%8' 529> 
shall  assign  the  reasons  therefor,  shall,  if  authorizing  such  issue,  JgJJ'  374' 
specify  the  respective  amounts  of  stock  or  bonds,  or  of  coupon 
notes  or  other  evidences  of  indebtedness  as  aforesaid,  which  are 
authorized  to  be  issued  for  the  respective  purposes  to  which  the 
proceeds  thereof  are  to  be  applied,  shall,  within  seven  days  after 
it  has  been  rendered,  be  filed  in  the  office  of  the  board  or  com- 
missioner rendering  it  and  a  certificate  of  the  vote  of  the  board 
or  of  the  decision  of  the  commissioner  shall,  within  three  days 
after  such  decision  has  been  rendered  and  before  the  stock  or 
bonds  or  coupon  notes  or  other  evidences  of  indebtedness  as  afore- 
said are  issued,  be  filed  in  the  office  of  the  secretary  of  the  com- 
monwealth, and  a  duplicate  thereof  delivered  to  the  corporation 
which  shall  enter  the  same  upon  its  records.    A  company  which  is 
within  the  provisions  of  this  section  shall  not  apply  the  proceeds 
of  such  stock  or  bonds  or  coupon  notes  or  other  evidences  of  in- 
debtedness as  aforesaid  to   any  purpose  not  specified  in   such 
certificate.     The  provisions  of  this  section  shall  not  require  the 
approval  of  the  board  of  railroad  commissioners  to  the  issue  by 
any  railroad  corporation  of  capital  stock  or  bonds,  or  of  coupon 
notes  or  other  evidences  of  indebtedness  as  aforesaid,  duly  author- 
ized by  law  of  this  commonwealth,  the  proceeds  of  which  are  to 
be  expended  in  another  state  or  country  or  which  are  to  pay  for 
borrowed  money  expended  in  another  state  or  country. 

SECTION  26.    If,  when  the  board  of  gas  and  electric  light  com-  Capital  stock 

n  -,1-,-t  of  gas  com- 

missioners approves  an  issue  of  new  stock  or  bonds  by  a  gas  or  panies  to  be 

electric  light  company,  it  determines  that  the  fair  structural  value  ISQG,  4°7°3. 
of  the  plant  of  such  company  is  less  than  its  outstanding  stock   199  Mass- 356' 
and  debt,  it  may  prescribe  such  conditions  and  requirements  as  it 
determines  are  best  adapted  to  make  good  within  a  reasonable 
time  the  impairment  of  the  capital  stock;  or,  before  allowing  an 
increase,  it  may  require  the  capital  stock  to  be  reduced  by  a  pre- 
scribed amount  not  exceeding  the  amount  of  such  impairment. 


20 


GAS  AND   ELECTRIC  LIGHT  COMPANIES. 


Enforcement 
of  statutes. 
1894,  450, 
§  3;  452, 
§  3;  462,  §  3. 
1896,  473. 
180  Mass.  329. 
See  as  to  rail- 
roads and 
street  rail- 
ways, 

1906,  463,  II., 
§§  67,  258; 
III.,  §§109, 
158. 

Penalties. 
1894,  450, 
§  2;  452,  §  2; 
462,  §  2. 
180  Mass.  329. 
See  as  to  rail- 
roads and 
street  rail- 
ways, 

1906,463,11., 
§§68,258; 
III.,  §§110, 
158. 


New  shares 
to  be  offered 
to  stock- 
holders upon 
increase  of 
capital  stock. 

1870,  179. 

1871,  392, 
§  1. 
1873,  39, 

§  1;  305. 

1878,  84,  §  1. 

1879,  90,  §  1. 
P.  S.  106, 

§  39;  112, 
§  58;  113, 
§  16. 

1893,  315, 

1894,  472, 
§1. 

See  as  to  rail- 
roads and 
street  rail- 
ways, 

1906,463,11., 
§§69,258; 
III.,  §§  111, 
158. 

1908,  636. 

1909,  369. 
See  as  to  gas 
and  electric 
light  com- 
panies, 
1909,477. 

1910,  374. 


The  amount  of  impairment  and  the  conditions  and  requirements 
imposed  shall  be  stated  in  the  annual  report  of  the  board. 

SECTION  27.  The  supreme  judicial  court  or  the  superior  court 
shall  have  jurisdiction  in  equity,  upon  the  application  of  the  board 
of  railroad  commissioners,  the  board  of  gas  and  electric  light  com- 
missioners, the  commissioner  of  corporations,  respectively,  of  the 
attorney  general,  of  any  stockholder  or  of  any  interested  party,  to 
enforce  the  provisions  of  the  three  preceding  sections  and  all  law- 
ful orders  and  decisions,  conditions  or  requirements  of  said  boards 
or  commissioner  made  in  pursuance  thereof. 

SECTION  28.  A  director,  treasurer  or  other  officer  or  agent  of 
any  corporation  named  in  section  twenty-four  who  knowingly 
votes  to  authorize  the  issue  of,  or  knowingly  signs,  certifies  or 
issues,  stock  or  bonds  contrary  to  the  provisions  of  the  four  pre- 
ceding sections,  or  who  knowingly  votes  to  authorize  the  applica- 
tion, or  knowingly  applies  the  proceeds,  of  such  stock  or  bonds 
contrary  to  the  provisions  of  said  sections,  or  who  knowingly 
votes  to  assume  or  incur,  or  knowingly  assumes  or  incurs  in  the 
name  or  behalf  of  such  corporation,  any  debt  or  liability  except 
for  the  legitimate  purposes  of  the  corporation  shall  be  punished 
by  a  fine  of  not  more  than  one  thousand  dollars  or  by  imprison- 
ment for  not  more  than  one  year,  or  by  both  such  fine  or  imprison- 
ment. 

SECTION  30.  If  a  corporation  which  owns  or  operates  a  rail- 
road or  street  railway,  a  gas  light,  electric  light,  aqueduct  or 
water  company,  or  a  corporation  which  is  established  for  and  is 
engaged  in  the  business  of  transmitting  intelligence  by  electricity, 
increases  its  capital  stock,  such  new  shares  as  are  necessary  to 
produce  the  amount  of  increased  capital  stock  which  has  been 
authorized  shall,  except  as  provided  in  the  following  section,  be 
offered  proportionately  to  its  stockholders  at  not  less  than  the 
market  value  thereof  at  the  time  of  increase,  to  be  determined 
by  the  board  of  railroad  commissioners  in  the  case  of  a  rail- 
road corporation  or  street  railway  company,  by  the  board  of  gas 
and  electric  light  commissioners  in  the  case  of  a  gas  light  or 
electric  light  company,  and  by  the  commissioner  of  corporations 
in  the  case  of  an  aqueduct  or  water  company  or  of  a  corporation 
which  is  established  for  and  is  engaged  in  the  business  of  trans- 
mitting intelligence  by  electricity,  taking  into  account  previous 
sales  of  stock  of  the  corporation  and  other  pertinent  conditions, 
which  determination  shall  be  in  writing  and  with  the  date  thereof 
shall  be  certified  to  and  recorded  in  the  books  of  the  corporation. 
The  directors,  upon  the  approval  of  such  increase  as  provided  in 
section  twenty-four  and  the  determination  of  the  market  value 


GAS  AND  ELECTRIC   LIGHT  COMPANIES.  21 

as  hereinbefore  provided,  shall  cause  written  notice  of  such  in- 
crease to  be  given  to  each  stockholder  who  was  such  at  the  date 
of  the  vote  to  increase,  stating  the  amount  of  such  increase,  the 
number  of  shares  or  fractions  of  shares  to  which  he,  according  to 
the  proportionate  number  of  his  shares  at  the  date  of  such  vote, 
is  entitled,  the  price  at  which  he  is  entitled  to  take  them,  and 
fixing  a  time,  not  less  than  fifteen  days  after  the  date  of  such  de- 
termination, within  which  he  may  subscribe  for  such  additional 
stock.  Each  stockholder  may,  within  the  time  limited,  subscribe 
for  his  portion  of  such  stock,  which  shall  be  paid  for  in  cash 
before  the  issue  of  a  certificate  therefor. 

SECTION  31.    If  the  increase  in  the  capital  stock  which  is  sub-  stock  to  be 

,  .  .  0,1  •••  -,  ,    sold  at  auc- 

ject  to  the  provisions  01  the  preceding  section  does  not  exceed  tion,  when. 

four  per  cent  of  the  existing  capital  stock  of  the  corporation,  the  1371]  392^  §  2. 

directors,  without  first  offering  the  same  to  the  stockholders,  may,  so^'sls'. §  * ' 

and  if,  after  the  expiration  of  the  time  limited  in  the  notice  re-  |84764>  372> 

quired  by  the  preceding  section,  any  shares  remain  unsubscribed  J|78,  |4,  §  2. 

for  by  the  stockholders  entitled  to  take  them,  the  directors  shall  P.  S.'IOG, 

sell  them  by  auction  to  the  highest  bidder  at  not  less  than  the  par  §  59  j  113,' 

value  thereof  to  be  actually  paid  in  cash.     Such  shares  shall  be  1393,  3 is,  §  2. 

offered  for  sale  in  the  city  of  Boston  or  in  such  other  city  or  town  §  §9i%472' 
as  may  be  prescribed  by  such  commissioners;  and  notice  of  the 
time  and  place  of  such  sale  shall  be  published  at  least  five  times 

during  the  ten  days  immediately  preceding  the  sale  in  each  of  at  |?06' 463>  n-> 

least  three  of  such  daily  newspapers  as  may  be  prescribed  by  such  in.,  §§  112, 

commissioners.    No  shares  shall  be  sold  or  issued  under  this  or  the  loo's,  636. 

preceding  section  for  a  less  amount  to  be  actually  paid  in  cash  £nS  electric* 

than  the  par  value  thereof.  jSSfaJ"1' 

1909,477,1  2. 

Acts  of  1909,  Chapter  477. 

An  Act  relative  to  the  Issue  of  Additional  Capital  Stock  by  Gas 
and  Electric  Light  Companies. 

SECTION  1.  A  gas  or  electric  light  company  shall,  upon  any  issue  of  new 
increase  of  its  capital  stock,  except  as  provided  in  the  following  Ind  electric 
section,  offer  the  new  shares  proportionately  to  its  stockholders  at 
such  price,  not  less  than  the  par  value  thereof,  as  may  be  deter- 
mined  by  its  directors.  The  vote  of  the  board  of  gas  and  electric 
light  commissioners,  as  provided  in  section  twenty-four  of  chapter 
one  hundred  and  nine  of  the  Revised  Laws,  as  to  the  amount  of 
stock  which  is  reasonably  necessary  for  the  purpose  for  which 
such  increase  has  been  authorized  shall  be  based  on  the  price  fixed 
as  hereinbefore  provided,  unless  the  board  is  of  opinion  that  such 
price  is  so  low  as  to  be  inconsistent  with  the  public  interest,  in 
which  case  it  may  determine  the  price  at  which  such  shares  may 


22 


GAS  AND  ELECTRIC   LIGHT  COMPANIES. 


Shares  may 
be  sold  by 
auction  in 
certain  cases, 
etc. 


Repeal. 


be  issued.  No  application  for  an  issue  of  stock  under  said  section 
twenty-four  shall  be  made  unless  authorized  by  vote  of  the  stock- 
holders passed  not  more  than  four  months  prior  to  such  applica- 
tion, but  the  vote  of  the  stockholders  to  increase  the  capital  stock 
may  be  passed  before  or  after  the  action  of  the  board  under  said 
section  twenty-four.  All  votes  and  proceedings  relative  to  the 
increase  and  all  rights  of  the  stockholders  to  subscribe  for  the 
new  shares  shall  become  void  unless  the  directors,  after  the  vote 
to  increase  the  capital  stock  and  within  sixty  days  after  the  final 
action  of  the  board,  shall  cause  written  notice  of  such  increase  to 
be  given  as  provided  by  law. 

SECTION  2.  If  the  increase  in  the  capital  stock  which  is  subject 
to  the  provisions  of  the  preceding  section  does  not  exceed  four  per 
cent  of  the  existing  stock  of  the  company,  the  directors,  without 
first  offering  the  same  to  the  stockholders,  may  sell  the  shares  by 
auction  or  by  tender  to  the  highest  bidder  in  such  manner,  at  such 
times  and  upon  such  terms,  not  less  than  the  par  value  thereof  to 
be  actually  paid  in  cash,  as  the  directors  shall  determine.  They 
shall  also  so  sell  at  public  auction  any  shares  which,  under  the 
preceding  section  remain  unsubscribed  for  by  the  stockholders  en- 
titled to  take  them.  Such  shares  shall  be  offered  for  sale  in  the 
city  of  Boston  or  in  such  other  city  or  town  as  may  be  prescribed 
by  the  board  of  gas  and  electric  light  commissioners,  and  notice 
of  the  time  and  place  of  the  sale  shall  be  published  at  least  five 
times,  during  the  ten  days  immediately  preceding  the  sale,  in  each 
of  at  least  three  of  such  daily  newspapers  as  may  be  prescribed 
by  the  said  commissioners.  No  shares  shall  be  sold  or  issued 
under  this  or  the  preceding  section  for  a  less  amount  to  be  actu- 
ally paid  in  cash  than  the  par  value  thereof. 

SECTION  3.  All  acts  and  parts  of  acts  inconsistent  herewith  are 
hereby  repealed  so  far  as  they  apply  to  the  corporations  described 
in  this  act. 

SECTION  4.  This  act  shall  take  effect  upon  its  passage.  [Ap- 
proved June  7,  1909. 


In  cases  of 
consolidation 
of  certain 
companies, 
stock  not  to 
be  increased. 
See  also 
190S,  529. 
1909,316. 


Acts  of  1906,  Chapter  392. 

An  Act  to  prevent  Stock  and  Debt  Watering  by  Public  Service 
Corporations. 

SECTION  1.  When  a  gas  company  incorporated  under  the  laws 
of  this  Commonwealth  consolidates  with  any  other  such  gas  com- 
pany or  companies,  or  an  electric  light  company  incorporated 
under  the  laws  of  this  Commonwealth  consolidates  with  any  other 
such  electric  light  company  or  companies,  or  any  such  gas  com- 
pany or  companies  consolidate  with  any  such  electric  light  com- 


GAS  AND  ELECTRIC   LIGHT   COMPANIES.  23 

pany  or  companies,  the  aggregate  amount  of  the  capital  stock  and 
the  aggregate  amount  of  the  debt  of  the  consolidating  companies 
shall  not,  by  reason  of  such  consolidation,  be  increased. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage.     [Ap- 
proved May  15,  1906. 

Revised  Laws,  Chapter  126,  §$  11  and  1. 

SECTION  11.    If  a  foreign  corporation  which  owns  or  controls  a  issue  of  stock 
majority  of  the  capital  stock  of  a  domestic  street  railway,  gas  franSSses0 
light  or  electric  light  corporation  issues  stock,  bonds  or  other  evi-  18^476. 
deuces  of  indebtedness  based  upon  or  secured  by  the  property, 
f  ranchise  or  stock  of  such  domestic  corporation,  unless  such  issue 
is  authorized  by  the  law  of  this  commonwealth,  the  supreme  judi- 
cial court  shall  have  jurisdiction  in  equity  in  its  discretion  to  dis- 
solve such  domestic  corporation.     If  it  appears  to  the  attorney 
general  that  such  issue  has  been  made,  he  shall  institute  proceed- 
ings for  such  dissolution  and  for  the  proper  disposition  of  the 
assets  of  such  corporation.     The  provisions  of  this  section  shall 
not  affect  the  right  of  foreign  corporations,  their  officers  or  agents 
to  issue  stock  and  bonds  in  fulfilment  of  contracts  existing  on  the 
fourteenth  day  of  July  in  the  year  eighteen  hundred  and  ninety- 
four. 

SECTION  1.    The  term  foreign  corporation  as  used  in  this  chap-  Foreign  cor- 
ter  shall  mean  a  corporation,  association  or  organization  which  defined"8 
has  been  established,  organized  or  chartered  under  the  laws  of  168Mass>564< 
another  state  or  of  a  foreign  country. 

SECTION   13.     A  gas   company  shall  not  transfer  its  Transfer  of 
franchise,   lease  its  works  or  contract  with  any  person,  is^efsS, 
association  or  corporation  to  carry  on  its  works,  without  iefe  Mass.  217. 
the  authority  of  the  general  court. 

SECTION  14.     The  board  of  gas  and  electric  light  com-  Electric  light 
missioners,  upon  application  in  writing  by  any  gas  light  authority  to 


company  which  is  organized  or  chartered  under  the  laws 

of  the  commonwealth,  may,  after  notice  and  a  hearing,  ^  Mass  558 

authorize  said  company  to  engage  in  the  business  of  gen-  flg1^8' 

erating  and  furnishing  electricity  for  light   and  power.  1909,316, 

A  gas  company  may  engage  in  such  business  in  the  terri- 

tory, or  any  such  part  thereof  as  the  board  may  designate, 

in  which  it  is  authorized  to  supply  gas;  but  a  company 

shall  not  engage  in  said  business  unless   authorized   by 

vote  of  two-thirds  of  the  stockholders,   representing  not 

less    than   two-thirds    of   the    stock,    at    a    meeting   duly 

called  for  that  purpose.     Said  company  shall  file  in  the 

office  of  the  secretary  of  the  commonwealth  a  certificate 


24 


GAS  AND  ELECTRIC  LIGHT  COMPANIES. 


Time  pre- 
scribed for 
equipment  of 
plant. 

1887,  385,  §  2. 
197  Mass. 
558. 


Record  of 
orders  for 
erection  of 
plant  and  of 
compliance. 
1887,  385, 
§3. 


Erection  of 
poles  and 
wires  regu- 
lated. 
1887,  385, 

184  Mass.  570. 


as  provided  in  section  forty-seven  of  chapter  one  hundred 
and  ten. 

SECTION  15.  The  board,  when  granting  such  authority, 
shall  prescribe  the  time,  not  exceeding  six  months,  within 
which  said  company  shall  erect  and  equip  a  plant  for  gen- 
erating electricity  for  light  and  power  such  as  may  be  re- 
quired in  the  specified  territory,  and  shall  designate  the 
minimum  capacity  of  such  plant ;  and  if  the  company 
neglects  to  erect  and  complete  said  plant  within  the  time 
prescribed,  said  authority  shall  become  void  and  no  such 
authority  shall  be  again  granted  to  it  within  two  years 
thereafter.  The  board  may  for  cause  shown  extend  the 
time  for  erecting  and  equipping  said  plant  for  not  more 
than  three  months  from  the  expiration  of  the  time  first 
prescribed. 

SECTION  16.  At  the  expiration  of  such  time  or  of  any 
extension  thereof,  said  board  shall,  after  such  examina- 
tion as  it  considers  proper,  make,  in  a  book  kept  for  that 
purpose,  a  record  that  its  orders  relative  to  the  erection 
and  completion  of  said  plant  have  or  have  not  been  com- 
plied with,  which  shall  be  conclusive  evidence  of  the  truth 
of  the  matters  stated  therein. 

SECTION  17.  Said  company,  except  upon  the  purchase 
or  lease  of  the  property,  licenses,  rights  and  franchises 
of  an  electric  light  company  as  authorized  under  the  pro- 
visions of  section  twenty-two,  shall  not  erect  or  maintain 
any  poles  for  the  support  of  wires,  nor  erect  or  maintain 
any  wires  in,  through  or  over  any  streets  or  highways,  nor 
dig  up  any  streets  or  highways  for  the  purpose  of  laying 
said  wires  underground,  until  it  has,  upon  petition  in 
writing,  obtained  the  consent  in  writing  of  the  mayor  and 
aldermen  of  cities  or  the  selectmen  of  towns  in  which  said 
streets  are  located.  It  may  thereupon,  under  the  direc- 
tion and  control  of  the  mayor  and  aldermen  or  selectmen, 
dig  up  and  open  the  ground  in  any  streets  and  highways, 
so  far  as  is  necessary  for  the  purpose  of  laying  wires  and 
for  the  purpose  of  keeping  said  wires  in  repair  and  for 
the  purpose  of  erecting  and  maintaining  lines  of  wire  upon 
or  above  the  surface  of  such  streets  and  highways.  It 
shall  put  all  streets  and  highways  which  it  opens  into  as 
good  repair  as  they  were  in  when  opened,  and  upon  failure 
so  to  do  within  a  reasonable  time,  shall  be  deemed  guilty  of 
a  nuisance. 


GAS   AND   ELECTRIC   LIGHT  COMPANIES.  25 

SECTION  18.  If  a  person  who  is  injured  in  his  person  Damages. 
or  property  by  a  defect  in  a  public  way  which  is  caused  %  5.  ' 
by  the  operations  of  said  company  in  laying,  erecting, 
maintaining  or  repairing  its  lines  of  wires  or  in  otherwise 
obstructing  such  way  recovers  damages  therefor  of  the 
city  or  town  in  which  such  injury  is  received,  such  city 
or  town  shall,  if  said  company  is  liable  for  said  damages 
and  has  had  reasonable  notice  to  appear  and  defend  the 
original  action,  be  entitled  to  recover  of  said  company  the 
damages  so  recovered  from  it  with  the  taxable  costs  of 
both  parties  in  such  action. 

SECTION  19.     The  mayor  and  aldermen  of  cities  and  Regulation  of 

.  ,  .         acts  affecting 

the  selectmen  of  towns,  respectively,  may  regulate,  restrict  health  and 

,  J     •     •  j  i  •    i  •  property  of 

and  control  all  acts  01  said  company  wnicn  may  in  any  inhabitants, 
manner  affect  the  health,  safety,  convenience  or  property  §8687'  385' 
of  the  inhabitants  of  their  respective  cities  or  towns. 

SECTION  20.     Gas  companies,  as  respecting  the  busi-  g^^ndeiec- 
ness  in  which  they  are,  by  the  provisions  of  section  four-  trie  light  com- 
teen,  authorized  to  engage,  shall  be  subject  to  the  control  ISST,  335,' 
of  the  board  of  gas  and  electric  light  commissioners  in 
the  same  manner  and  to  the  same  extent  as  they  are  in 
respect  of  the  business  of  furnishing  gas. 

SECTION    21.      Except   as   hereinbefore   expressly   pro-  Powers  and 

.  ,     ,  |     ,,      .  .    .  ,,  J  duties  of 

vicled,  gas  companies  snail,  in  exercising  tne  powers  con-  companies, 
ferred  by  the  provisions  of  the  seven  preceding  sections,  §  s.  ' ' 
have  all  the  powers  and  privileges  and  be  subject  to  all 
the  duties,  restrictions  and  liabilities  of  companies  which 
are  engaged  in  the  transmission  of  electricity  for  light 
or  power  under  the  general  laws  which  now  are  or  here- 
after may  be  in  force. 

SECTION  22.     Said  gas  companies  so  authorized  by  the  Purchase  of 

,  T      <•  -i     -i       ,    •     T    i  ,  ••  i  franchises, 

board  01  gas  and  electric  light  commissioners  may  purchase  etc.,  of 

i  J  ^  v  •    -Lx  •     -1  electric  light 

or  lease  and  use  the  property,  licenses,  rights,  privileges  companies, 
and  franchises  of  any  electric  light  company  which  is  en-  l/?' 
gaged  in  the  business  of  furnishing  electric  light  or  power  ilo 
in  the  territory  in  which  such  gas  company  may  be  au-  §  1- 
thorized  to  furnish  such  light  and  power. 

SECTION  23.     The  provisions  of  the  nine  preceding  sec- 
tions,  which  are  applicable  to  gas  companies  authorized  and  power 

,1        -I        •  (•  ,'  -I     /•          •   i  •          companies. 

to  engage  in  the  business  of  generating  and  furnishing  ISST,  385, 
electricity  for  light  and  power,  shall  also  apply  to  electric  § 
light  and  power  companies. 


26 


GAS  AND  ELECTRIC   LIGHT  COMPANIES. 


Purchase, 
sale,  etc.,  of 
electric  light 
companies. 


Consolidation 
may  be 
effected  in 
case  of  com- 
panies occu- 
pying the 
same  or  con- 
tiguous mu- 
nicipalities. 


Proviso. 


Powers, 
rights,  loca- 
tions, etc. 


Capital  stock 
may  be  in- 
creased, etc. 


Acts  of  1908,  Chapter  529. 

An  Act  to  authorize  the  Purchase,  Sale  and  Consolidation  of  Gas 
and  Electric  Light  Companies. 

SECTION  1.  In  this  act  "  gas  company  "  means  any  corporation 
organized  under  the  laws  of  this  commonwealth  for  the  purpose  of 
making  or  selling  gas  for  light,  heat  or  power,  and  actually  engaged 
in  that  business,  including  such  of  said  corporations  as  are  also 
duly  authorized  to  generate  and  furnish  electricity  for  light  and 
power ;  and  "  electric  light  company  "  means  any  corporation  or- 
ganized under  the  laws  of  this  commonwealth  for  the  purpose  of 
making  or  selling  electricity  only  for  light,  heat  or  power  and 
actually  engaged  in  that  business. 

SECTION  2.  A  gas  company  may  purchase  the  franchise  and 
property  of  another  gas  company  whose  gas  mains  are  in  the  same 
or  contiguous  municipalities,  or  may  consolidate  with  such  other 
gas  company,  and  such  other  gas  company  may  sell  and  convey  its 
franchise  and  property  to,  or  may  consolidate  with,  such  first-men- 
tioned gas  company;  and  an  electric  light  company  may  purchase 
the  franchise  and  property  of  another  electric  light  company  whose 
lines  are  in  the  same  or  contiguous  municipalities,  or  may  con- 
solidate with  such  other  electric  light  company,  and  such  other 
electric  light  company  may  sell  and  convey  its  franchise  and 
property  to,  or  may  consolidate  with,  such  first-mentioned  electric 
light  company:  provided,  that  no  such  purchase  and  sale  or  con- 
solidation shall  be  valid  or  binding  until  the  terms  thereof  have 
been  approved,  at  meetings  called  for  the  purpose,  by  a  vote  of 
at  least  two-thirds  in  interest  of  the  stockholders  of  each  of  the 
contracting  companies,  and  until  the  board  of  gas  and  electric 
light  commissioners,  after  notice  and  a  public  hearing,  have  de- 
termined that  the  facilities  for  furnishing  and  distributing  light, 
heat  and  power  will  not  thereby  be  diminished  and  that  such  pur- 
chase and  sale  or  consolidation  and  the  terms  thereof  are  con- 
sistent with  the  public  interest. 

SECTION  3.  The  purchasing  or  consolidating  company  shall 
have  and  enjoy  all  the  powers,  rights,  locations,  licenses,  privi- 
leges and  franchises,  and  shall  be  subject  to  all  the  duties,  liabili- 
ties and  restrictions,  of  the  company  selling  or  merged  as 
aforesaid,  so  far  as  the  same  are  applicable  to  the  purchasing  or 
consolidated  company. 

SECTION  4.  The  purchasing  or  consolidated  company  may,  for 
the  purpose  authorized  in  section  two,  increase  its  capital  stock 
and  issue  bonds  in  the  manner  and  subject  to  the  limitations  pro- 
vided by  law;  and  may,  for  the  same  purpose  and  subject  to  the 


GAS  AND   ELECTRIC  LIGHT  COMPANIES.  27 

same  limitations,  exchange  its  securities  for  those  of  the  selling 
or  merged  company,  upon  such  terms  as  may  be  approved  by  the 
board  of  gas  and  electric  light  commissioners. 

SECTION  5.  No  electric  light  company  shall  purchase  the  fran-  Electric  light 
chise  or  property  of,  or  consolidate  with,  a  gas  company;  and  no 
gas  company  shall  purchase  the  franchise  or  property  of,  or  eon- 
solidate  with,  an  electric  light  company  :  provided,  that  a  gas  com- 
pany  authorized  to  engage  in  the  business  of  generating  and  fur-  1909,si6, 
nishing  electricity  for  light  and  power  under  the  provisions  of 
section  fourteen  of  chapter  one  hundred  and  twenty-one  of  the 
Revised  Laws  may,  with  the  approval  of  the  board,  exercise  the 
authority  conferred  by  section  twenty-two  of  said  chapter,  and 
may,  with  the  approval  of  the  board  and  subject  to  the  provisions 
of  sections  three  and  four  hereof,  so  far  as  the  same  may  be  appli- 
cable, sell  its  locations  and  the  property  used  in  its  business  of 
generating  and  furnishing  electricity  for  light  and  power  to  an 
electric  light  company  whose  lines  are  in  the  same  or  in  a  con- 
tiguous municipality. 

SECTION  6.     Nothing  contained  in  this  act  shall  be  construed  Consolidation 

of  certain 

as  authorizing  the  consolidation  of  the  Boston  Consolidated  Gas  companies  not 

Company  and  The  Edison  Electric  Illuminating  Company  of  Bos- 

ton. 

SECTION  7.     All  general  laws  which  are  inconsistent  herewith 
are  hereby  repealed. 

SECTION  8.    This  act  shall  take  effect  upon  its  passage.     [Ap- 
proved May  19,  1908. 

Acts  of  1909,  Chapter  316. 

An  Act  relative  to  the  Purchase,  Sale  and  Consolidation  of  Gas 
and  Electric  Light  Companies. 

SECTION  1.    (Amends  Acts  of  1908,  chapter  529,  §  5,  as  above.) 
SECTION  2.    All  applications  for  the  approval  by  the  board  of  Time  for 

.  filing  apph- 

purchases  and  sales  or  consolidations  under  the  provisions  of  cations  for 


chapter  five  hundred  and  twenty-nine  of  the  acts  of  the  year  nine- 

teen  hundred  and  eight,  or  of  the  preceding  section,  shall  be  filed  t!  ms>  etc' 

with  the  board  within  four  months  after  the  passage  by  the  con- 

tracting companies  of  votes  authorizing  such  purchase  and  sale 

or  consolidation. 

SECTION  3.    This  act  shall  take  effect  upon  its  passage.     [Ap- 
proved April  22,  1909. 

SECTION  24.     A  person  or  corporation,  not  a  railway  Electricity 

i-ii-  e    ±  •JLA«  i  for  heating 

company,  engaged  in  the  business  01  transmitting  elec-  and  cooking 
tricity  for  light  or  power  through  wires  located  over  or  ISQS^O. 
under  the  streets  and  highways  may  sell  such  electricity  188Mass-253- 


28 


GAS  AND   ELECTRIC   LIGHT  COMPANIES. 


A  second  gas 
company  not 
to  lay  pipes, 
except. 

1885,  314, 
§  10. 

1886,  346, 


Erection  of 
wires  of 
different 
companies 
restricted. 
1887,  382,  §  3. 
1892,  274. 
1895,  350. 
1901,  389. 
15  7  Mass.  86. 
[  1  Op.  A.  G. 
88.] 

188  Mass.  253. 
197  Mass.  558. 
See  as  to 
power  com- 
panies, 
1908,  617. 

Appeal. 
1885,  314, 
§16. 

1887,  382, 

1  Op.  A.  G. 

9.] 


Certain  terms, 
restrictions, 
etc.,  may  be 
imposed  upon 
the  laying, 
etc.,  of  cer- 
tain wires  for 
the  trans- 
mission of 
electricity. 


for  operating  heating,  cooking  and  kindred  apparatus  and 
motors;  but  the  provisions  of  this  section  shall  not  confer 
upon  such  person  or  corporation  the  exclusive  right  to 
sell  or  distribute  electricity  in  any  city  or  town  for  such 
purposes. 

SECTION  25.  In  a  city  or  town  in  which  a  gas  company 
exists  in  active  operation,  or  in  which  a  person  owns  or 
operates  works  for  the  manufacture  and  sale  of  gas  for 
light  or  heat,  no  other  gas  company,  nor  any  other  persons, 
shall  dig  up  and  open  the  streets,  lanes  and  highways  of 
such  city  or  town,  for  the  purpose  of  laying  gas  pipes 
therein,  without  the  consent  of  the  mayor  and  aldermen 
or  selectmen,  granted  after  notice  by  publication  or  other- 
wise to  all  parties  interested  and  a  public  hearing  before 
them. 

SECTION  26.  In  a  city  or  town  in  which  a  company, 
corporation  or  person  is  engaged  in  the  manufacture  or 
sale  of  electric  light  no  other  person,  firm  or  corporation 
shall  lay,  erect,  maintain  or  use,  over  or  under  the  streets, 
lanes  and  highways  of  such  city  or  town,  any  wires  for 
the  transmission  of  electricity  for  light,  heat  or  power  ex- 
cept wires  used  for  heat  or  power  by  street  railway  com- 
panies, without  the  consent  of  the  mayor  and  aldermen  of 
such  city  or  selectmen  of  such  town  granted  after  notice 
to  all  parties  interested  and  a  public  hearing. 

SECTION  27.  Any  corporation,  company  or  person  ag- 
grieved by  the  decision  of  the  mayor  and  aldermen  of  a 
city  or  selectmen  of  a  town,  under  the  provisions  of  the 
two  preceding  sections,  may,  within  thirty  days  from  the 
notice  of  said  decision,  appeal  therefrom  to  the  board  of 
gas  and  electric  light  commissioners,  and  said  board  shall 
thereupon  give  due  notice  and  hear  all  parties  interested, 
and  its  decision  thereon  shall  be  final. 

Acts  of  1908,  Chapter  617. 

An  Act  relative  to  Electric  Power  Companies. 
SECTION"  1.  In  consenting  to  the  laying,  erecting,  maintaining 
or  using  by  a  company  incorporated  or  authorized  to  distribute 
and  sell  electricity  exclusively  for  power,  of  any  wires  for  the 
transmission  of  electricity  over  or  under  streets,  lanes  and  high- 
ways as  provided  in  section  twenty-six  of  chapter  one  hundred 
and  twenty-one  of  the  Revised  Laws,  the  mayor  and  aldermen  of 
a  city  or  the  selectmen  of  a  town  may,  in  addition  to  the  pro- 


GAS  AND  ELECTRIC   LIGHT  COMPANIES.  29 

visions  of  law  governing  such  companies,  impose  such  other  terms, 
limitations  and  restrictions  as  the  public  interest  may,  in  their 
judgment,  require,  and  upon  an  appeal  therefrom,  pursuant  to 
section  twenty-seven  of  said  chapter,  the  board  of  gas  and  elec- 
tric light  commissioners  may,  in  addition  to  its  present  authority 
under  said  section,  affirm,  amend,  alter  or  add  to  the  terms, 
limitations  and  restrictions  so  imposed  as  the  public  interest 
may  in  its  judgment  require. 

SECTION  2.     Companies  hereinbefore  described  shall  hereafter  Certain  com- 
furnish  from  time  to  time  to  the  board  of  gas  and  electric  light  furnish  infor- 


commissioners  such  information  as  said  board  may  require. 

SECTION  3.     The  supreme  judicial  court  or  the  superior  court 
shall  have  jurisdiction  in  equity  upon  the  application  of  the  board  Supreme 

judicial  and 

of  gas  and  electric  light  commissioners,  or  of  the  mayor  of  any  superior 

.,  .,  ,  ,,  ,  .  ,        ,      .    .    ..        .       ,.        courts  to  have 

city  or  the  selectmen  of  any  town  in  which  electricity  is  dis-  jurisdiction 
tributed  and  sold  as  aforesaid,  to  compel  the  observance  and  to  comperob*0 
restrain  the  violation  of  the  provisions  of  this  act,  of  the  general  servance>  etc- 
laws  relating  to  the  companies  hereinbefore  described  and  of  all 
lawful  orders  and  decisions,  terms,  limitations  and  restrictions 
made  or  imposed  by  said  board  or  by  the  mayor  and  aldermen  of 
a  city  or  the  selectmen  of  a  town  in  pursuance  of  the  provisions 
of  this  act. 

SECTION  4.    This  act  shall  take  effect  upon  its  passage.     [Ap- 
proved June  12,  1908. 

SECTION  28.     Corporations  and  companies  which  are  Gas,  etc., 
engaged  in  the  manufacture  and  sale  of  gas  or  electricity 
for  light  or  heat  shall  have  an  office  in  the  city  or  town  in 
which  their  works  are  located  and  shall  keep  in  said  office  g^86'  346> 
all  the  books  and  papers  which  are  required  by  law  to  be  §§827'6382' 
kept  within  the  commonwealth,   and  also  such  books  as 
may  be  required  to  show  their  receipts,  expenditures,  in- 
debtedness and  financial  condition;  and  shall  at  all  times, 
upon  application,  submit  their  books  to  the  inspection  of 
the  board  of  gas  and  electric  light  commissioners. 

SECTION  29.     Corporations  and  companies  which  are  Books,etc., 

-,    .       ,!  Jf  -i         -i         j>  i       ,    •    •,       to  be  kept  in 

engaged  in  the  manufacture  and  sale  of  gas  or  electricity  prescribed 
for  light  or  heat  shall  keep  their  books  and  accounts  in  a  Jsse',  346, 
form  to  be  prescribed  by  the  board  of  gas  and  electric  light  f828'7j  382, 
commissioners,  and  the  accounts  shall  be  closed  annually  §§2>°- 
on  the  thirtieth  day  of  June,  so  that  a  balance  sheet  of 
that  date  can  be  taken  therefrom.     Manufacturing  com- 
panies in  which  the  manufacture  of  gas  is  a  minor  portion 


30 


GAB  AND  ELECTRIC  LIGHT  COMPANIES. 


Station 
records  to  be 
kept. 

1896,  356, 
480. 


Annual 
returns. 

1885,  314, 
§  7. 

1886,  346. 
§2. 

1887,  382, 
§2. 

[  1  Op.  A.  G. 
186.] 
Amended. 
1903,406. 


Penalty. 
1885,  314, 

1892,  263. 


of  their  business  shall  be  required  to  keep  accounts  of  the 
expenses  and  income  of  their  gas  business  only. 

SECTION  30.  Persons  or  corporations  engaged  in  the 
manufacture  or  sale  of  gas  or  electric  light  shall  keep  such 
records  of  their  work  at  their  manufacturing  station,  and 
in  respect  to  their  distributing  plant,  as  the  board  of  gas 
and  electric  light  commissioners  may  from  time  to  time 
require.  Said  records  shall  be  in  such  form  as  the  board 
may  prescribe. 

SECTION  31.  Corporations  and  companies  engaged  in 
the  manufacture  and  sale  of  gas  or  electricity  for  light  or 
heat  shall  annually,  on  or  before  the  second  Wednesday  of 
September,  make  to  said  board,  in  a  form  prescribed  by 
it,  a  return  for  the  year  ending  on  the  thirtieth  day  of 
June  preceding,  signed  and  sworn  to  by  its  president  and 
treasurer  and  a  majority  of  the  directors,  of  the  amount 
of  its  authorized  capital,  its  indebtedness  and  financial 
condition,  on  the  [first  day  of  January]  said  thirtieth  day 
of  June  preceding,  its  income  and  expenses  during  the 
preceding  year,  its  dividends  paid  out  and  declared,  a  list 
of  the  names  of  all  its  salaried  officers,  and  the  amount 
of  the  annual  salary  paid  to  each,  and  the  balance  sheet  of 
its  accounts  as  of  [the]  said  preceding  thirtieth  day  of 
June.  Every  such  corporation  and  company  shall  at  all 
times,  upon  request,  furnish  any  information  required 
by  the  board  relative  to  its  condition,  management  and 
operation,  and  shall  comply  with  all  lawful  orders  of  said 
board. 

SECTION  32.  Each  such  gas  or  electric  light  corpora- 
tion or  company  neglecting  to  make  the  annual  return 
required  by  the  preceding  section,  shall,  for  the  first  fif- 
teen days  or  portion  thereof  during  which  such  neglect 
continues,  forfeit  five  dollars  a  day ;  for  the  second  fifteen 
days  or  any  portion  thereof,  ten  dollars  a  day;  and  for 
each  day  thereafter  not  more  than  fifteen  dollars  a  day. 
If  any  company  unreasonably  refuses  or  neglects  to  make 
such  return,  it  shall,  in  addition  thereto,  forfeit  not  more 
than  five  hundred  dollars  for  each  offence.  All  forfeitures 
recovered  under  the  provisions  of  this  section  shall  be  paid 
into  the  treasury  of  the  commonwealth  and  applied  to  the 
payment  of  the  expenses  of  the  board.  (See  also  Acts  of 
1904,  chapter  435,  §  2,  on  pages  12,  13.  ) 


GAS  AND   ELECTRIC   LIGHT  COMPANIES.  31 


Acts  of  1909,  Chapter  441. 

.  An  Act  relative  to  Voluntary  Associations  under  Written 
Instruments. 

SECTION  1.    Trustees  of  a  voluntary  association  under  a  written  Copies  of 
instrument  or  declaration  of  trust  the  beneficial  interest  under  strumentsto 
which  is  divided  into  transferable  certificates  of  participation  or  thecommis- 
shares,  shall  file  a  copy  of  such  written  instrument  or  declara-  corporations, 
tion  of  trust  with  the  commissioner  of  corporations  and  with  etc- 
the  clerk  of  every  city  or  town  in  which  such  association  has  a 
usual  place  of  business. 

SECTION  2.  Trustees  of  a  voluntary  association  under  a  written  Certain 
instrument  or  declaration  of  trust  the  beneficial  interest  under  to  be  filed, 
which  is  divided  into  transferable  certificates  of  participation  or 
shares,  who  own  or  control  a  majority  of  the  capital  stock  of  a 
railroad,  street  railway,  gas  company,  or  electric  light  company, 
shall  annually  on  or  before  the  first  day  of  May  file  with  the 
commissioner  of  corporations  and  with  the  board  having  super- 
vision of  such  company  a  statement  showing  the  number  of 
shares  of  such  company  owned  or  controlled  by  them  and  the 
stockholders  of  record  on  the  books  of  such  company  in  whose 
names  such  shares  are  held.  [Approved  May  24,  1909. 

SECTION  33.     Upon  the  petition  in  writing  of  any  per-  Supply  of 
son  who  has  a  residence  or  place  of  business  in  a  city  or 
town  in  which  a  corporation  or  company  is  engaged  in 
the  manufacture   [and]    or  sale  of  gas  or  electricity  for  |858'7)  382> 
light   [or  heat],  heat  or  power  and  who  is  aggrieved  by  j^ 
the  refusal  or  neglect  of  such  corporation  or  company  to 
supply  him  with  gas  or  electricity,  the  board  of  gas  and  557. 
electric  light  commissioners  may,  after  notice  to  the  cor- 
poration or  company  to  appear  at  a  time  and  place  therein 
named  to   show  cause  why  the  prayer  of  such  petition 
should  not  be  granted,  issue  an  order  directing  and  re- 
quiring the  corporation  or  company  [to  supply  the  peti- 
tioner with  gas  for  either  of  said  purposes  or  with  electric 
light,  upon  such  terms  and  conditions  as  are  legal  and 
reasonable.]  engaged  in  the  manufacture  and  sale  of  gas 
to  supply  the  petitioner  ivith  gas  for  any  of  said  purposes, 
or  the  corporation  or  company  engaged  in  the  manufacture 
and  sale  of  electricity  to  supply  the  petitioner  with  elec- 
tricity for  any  of  said  purposes,  upon  such  terms  and  con- 
ditions as  are  legal  and  reasonable. 


32  GAS   AND  ELECTRIC   LIGHT  COMPANIES. 

Quality  of  SECTION   34.      L'pon  the  complaint  in  writing  of  the 

18^85, 3i4,  mayor  of  a  city  or  the  selectmen  of  a  town  in  which 

1887,  382,  a  corporation  or  company  engaged  in  the  manufacture  or 
less,  350,  sale  of  gas  or  electricity  for  light  or  heat  is  located,  or  of 
1894,  327.  twenty  customers  thereof,  either  of  the  quality  or  price  of 
197  Mass.  558.  t}lG  gag  QJ.  electric  light  sold  and  delivered,  the  board  shall 

notify  the  corporation  or  company  by  leaving  at  its  office 
a  copy  of  such  complaint,  and  shall  thereupon  after  notice 
give  a  public  hearing  to  such  petitioner  and  such  corpora- 
tion or  company,  and  after  said  hearing  may  order  any 
reduction  in  the  price  of  gas  or  electric  light  or  improve- 
ment in  quality  thereof,  and  a  report  of  such  proceedings 
and  the  result  thereof  shall  be  included  in  its  annual  re- 
port. The  maximum  price  fixed  by  such  order  shall  not 
thereafter  be  increased  by  such  corporation  or  company 
except  as  provided  in  the  following  section. 
Price  of  gas  SECTION  35.  A  gas  company  in  this  commonwealth 

and  electric-  i  •   i      _c         •  i_  jxU  •   •  £  ^ 

ity,  how  which  luriiisnes  gas  under  the  provisions  01  general  or 

fixed  and  .    ,    ,  P  .,,  -, 

determined.       special  laws  or  oi  any  contract  with  a  city  or  town,  and 

1888,  350,        a  gag  or  electric  light  company  which  is  engaged  in  the 
i974Mass7'558.  sale  and  delivery  of  electric  light  may  apply  to  the  board 

to  fix  and  determine  the  price  of  gas  or  electricity  to  be 
thereafter  sold  and  delivered  by  said  company,  or  to  revise 
any  former  order  or  action  of  said  board  relative  to  the 
quality  or  price  thereof.  Said  board  shall,  after  notice, 
give  a  public  hearing  to  the  petitioner,  to  the  city  or  town 
and  to  all  other  persons  interested,  and  thereafter  may 
pass  such  orders  relative  to  the  price  and  quality  of  the 
gas  or  electricity  thereafter  to  be  furnished  by  said  com- 
pany as  it  determines  are  just  and  reasonable.  Such 
orders  shall  be  binding  upon  all  parties  until  further 
order  of  said  board, 
inspection  SECTiox  36.  A  customer  of  an  electric  lighting  com- 

of  electric  ,  ,       ,  \      f  i 

meters.  pany  or  such  company  may  apply  to  the  board  oi  gas  and 

§  i.  '  electric  light  commissioners  for  an  examination  and  test 

of  any  meter  in  use  upon  a  customer's  premises.  The 
board  shall  forthwith  cause  to  be  made  by  a  competent 
and  disinterested  person  such  examination  and  test  of 
said  meter,  if  any,  as  in  the  judgment  of  the  board  is 
practicable  and  reasonable,  and  shall  furnish  to  the  com- 
pany and  to  the  customer  a  certificate  of  the  result  and 
expense  thereof.  If  upon  such  examination  it  appears 
that  the  meter  does  not  register  correctly,  the  board  may 


GAS  AND  ELECTRIC   LIGHT  COMPANIES.  33 

order  the  company  to  correct  or  remove  such  meter  and 
to  substitute  a  correct  meter  therefor.  All  fees  for  ex- 
aminations and  tests  shall  in  the  first  instance  be  paid  by 
the  person  or  company  making  application  therefor;  but 
if  the  examination  or  test  is  made  at  the  request  of  a  cus- 
tomer and  the  meter  is  found  to  be  incorrect  because  too 
fast  the  company  shall  pay  such  fees  to  the  board,  to  be 
repaid  by  it  to  the  applicant.  A  meter  shall  be  deemed 
correct  for  the  purposes  of  this  section  if  it  appears  from 
such  examination  or  test  that  it  does  not  vary  more  than 
five  per  cent  from  the  standard  approved  by  the  board. 

SECTION  37.     The  person  designated  to  make  such  in-  inspection 

, .  iii*  °f  electric 

spection  may  at  any  reasonable  time  enter  upon  any  prem-  meters, 
ises  where  the  meter  to  be  inspected  is  placed,  for  the 
purpose  of  making  the  inspection.  He  shall  receive  such 
compensation  for  his  services  as  the  board  may  determine, 
together  with  his  necessary  travelling  and  other  expenses,  See  1909> 318- 
which  shall  be  audited  by  the  board  and  paid  from  the 
treasury  of  the  commonwealth;  but  the  total  amount  of 
compensation  and  expenses  shall  not  exceed  three  thou- 
sand dollars  in  any  year ;  and  if  the  total  amount  of  such 
compensation  and  expenses  shall  in  any  year  exceed  the 
amount  of  the  fees  received  for  such  examinations  and 
tests,  the  excess  shall  be  assessed  and  recovered  from  the 
electric  light  companies  in  the  manner  now  provided  for 
the  assessment  and  recovery  of  the  other  expenses  of  the 
board.  All  money  received  for  fees  for  such  examina- 
tions and  tests  shall  be  paid  into  the  treasury  of  the  com- 
monwealth by  the  board  quarterly  on  the  first  Mondays  of 
January,  April,  July  and  October  of  each  year.  The 
board  may  establish  such  rules  and  regulations,  fix  such 
standards,  prescribe  such  fees,  and  employ  such  means 
arid  methods  in,  and  in  connection  with,  such  examina- 
tions and  tests  of  electric  meters  as  in  the  judgment  of 
the  board  shall  be  most  practicable,  expedient  and  economi- 
cal. The  board  may  purchase  such  materials,  apparatus 
and  standard  measuring  instruments  for  such  examina- 
tions and  tests  as  it  may  deem  necessary. 

SECTION  38.     In  the  two  preceding  sections  the  word  Definition. 
"  company  "  or  "  companies  "  shall  include  every  person,  §  4.  ' 
partnership,  association,  corporation  and  municipality  en- 
gaged in  the  sale  of  incandescent  electric  light  or  elec- 
tricity for  incandescent  lighting. 


34 


GAS  AND  ELECTRIC   LIGHT  COMPANIES. 


Report  of 
accidents. 
1888,  350, 
§2. 
1896,  338. 


Penalty  for 
unlawful 
diversion  of 
electricity, 
etc. 

1895,  330. 
Amended. 
1908,  243. 


Construction 
of  terms. 

1886,  346, 
§  7. 

1887,  382, 
§  6. 


SECTION  39.  Companies,  persons  and  municipalities 
engaged  in  the  manufacture  and  sale  of  gas  or  electricity 
for  light  or  fuel  shall,  within  twenty-four  hours,  report, 
in  writing,  to  the  board  every  accident  caused  by  the  gas 
or  electricity  manufactured  or  supplied  by  them,  whereby 
an  employee  or  other  person  is  injured,  killed  or  rendered 
insensible,  stating  the  time,  place  and  circumstances  of 
the  accident  and  such  other  facts  relative  thereto  as  the 
board  may  require.  The  chief  of  police  of  the  city  or 
town,  and  the  medical  examiner  of  the  district,  in  which 
such  accident  occurs  shall,  in  writing,  report  the  same  to 
said  board.  The  chief  of  police  shall  so  report  within 
twenty-four  hours,  and  the  medical  examiner  within  seven 
days,  after  he  has  notice  thereof.  The  members  of  the 
board  shall  personally  investigate  all  cases  which  require 
investigation. 

SECTION  40.  Whoever  unlawfully  and  intentionally 
injures  or  destroys,  or  suffers  to  be  injured  or  destroyed, 
any  meter,  pipe,  conduit,  wire,  line,  pole,  lamp  or  other 
apparatus  belonging  to  a  street  railway  company,  an  elec- 
tric railroad  company  or  a  corporation,  private  or  munici- 
pal, or  company  engaged  in  the  manufacture  or  sale  of 
electricity  for  lighting  purposes,  or  unlawfully  and  inten- 
tionally prevents  an  electric  meter  from  duly  registering 
the  quantity  of  electricity  supplied,  or  in  any  way  inter- 
feres with  its  proper  action  or  just  registration,  or,  without 
the  consent  of  such  corporation  or  company,  unlawfully 
and  intentionally  diverts  any  electric  current  from  any 
wire  of  such  corporation  or  company,  or  otherwise  unlaw- 
fully and  intentionally  uses  or  causes  to  be  used,  without 
the  consent  of  such  corporation  or  company,  any  electricity 
manufactured  or  distributed  by  such  corporation  or  com- 
pany, shall,  for  every  such  offence,  be  punished  by  a  fine 
of  not  more  than  one  hundred  dollars  or  by  imprisonment 
for  not  more  than  one  year,  or  by  both  such  fine  and  im- 
prisonment. 

SECTION  41.  In  the  construction  of  sections  four,  five, 
six,  seven,  eight,  twenty-eight,  twenty-nine,  thirty-one, 
thirty-three,  and  thirty-four  of  this  chapter,  the  terms 
"  gas  company ",  and  "  corporation "  shall  include  all 
persons  owning  or  operating  works  for  the  manufacture 
and  sale  of  gas  for  heating  or  illuminating  purposes 


GAS  AND  ELECTRIC   LIGHT  COMPANIES.  35 


within  the  commonwealth,  and  the  terms  "  company  "  and 
"  companies  "  shall  include  all  corporations  or  individuals 
engaged  in  the  manufacture  and  sale  of  electric  light 
within  the  commonweath. 

Acts  of  1909,  chapter  490,  Part  I.,  $  23  (as  amended  by  Acts  of  1909,  chapters 

439  and  440). 

SECTION  23.     All  personal  estate,  within  or  without  the  com-  Assessment 

monwealth  shall  be  assessed  to  the  owner  in  the  city  or  town  in  estate.S°nal 

which  he  is  an  inhabitant  on  the  first  day  of  [May]  April,  except  R8^51' §  2* 

as  provided  in  Part  III  and  in  the  following  clauses  of  this  f  io9o  Via  R  •> 

looy,  j.t>«7,  §  &• 

section: —  G.  S.  n,  §12.  p.  s.  11,  §20.  R.  L.  12,  §23. 


1  Met.  242,  250. 
4  Met.  181. 
10  Gush.  65. 
HCush.  362. 
3  Gray,  494. 
6  Gray,  579. 
7  Gray,  277. 
9  Gray,  433. 

13  Gray,  488. 
16  Gray,  292, 
337. 
9  Allen,  246. 
14  Allen,  366. 
103  Mass.  279. 
104  Mass.  587. 
109  Mass.  270. 

112  Mass.  384. 
124  Mass.  143. 
125  Mass.  348. 
126  Mass.  161, 
166. 
131  Mass.  424. 
132  Mass.  93. 

135  Mass.  258. 
137  Mass.  332. 
158  Mass.  461. 
180  Mass.  41. 
187  Mass.  171. 
195  Mass.  389. 
204  Mass.  139. 

Tenth,  Underground   conduits,  wires   and   pipes   laid  in   public  Assessment 
streets,  and  poles,  underground  conduits  and  pipes,  together  with  ground  con- 
the  wires  thereon  or  therein,  laid  in  or  erected  upon  private  prop-   igolj  3^2, 
erty,  or  in  a  railroad  location  by  any  corporation,  except  street  ^  Mags  274 
railway  companies,  the  value  of  whose  poles,  underground  con- 
duits and  pipes,  together  with  the  wires  thereon  or  therein,  for 
the  purpose  of  taxation,  shall,  like  their  rails  and  rights  of  way, 
be  included  in,  and  not  deducted  from,  the  value  of  their  corporate 
franchises  ascertained  as  provided  Toy  section  one  hundred  and 
twenty-six  of  Part  III  of  chapter  four  hundred  and  sixty-three 
of  the  acts  of  the  year  nineteen  hundred  and  six,  and  excepting 
also  such  poles,  underground  conduits,  wires  and  pipes  of  a  rail- 
road corporation  laid  in  the  location  of  said  railroad,  shall  be 
assessed  to  the  owners  thereof  in  the  cities  or  towns  in  which 
they  are  laid  or  erected. 

Acts  of  1909,  Chapter  490,  Part  III.,  ^  39,  40,  41,  42,  43,  45. 
TAXATION   OF   CORPORATE   FRANCHISES. 

SECTION  39.  The  term  "  domestic  business  corporation "  as  Definitions, 
used  in  this  act  shall  mean  every  corporation  of  the  classes  enu- 
merated in  section  one  of  chapter  four  hundred  and  thirty-seven 
of  the  acts  of  the  year  nineteen  hundred  and  three;  the  term 
"  foreign  corporation  "  shall  mean  every  corporation,  association 
or  organization  of  the  classes  enumerated  in  section  fifty-eight 
of  said  chapter. 


36 


GAS  AND  ELECTRIC   LIGHT  COMPANIES. 


Annual  re- 
turns to 
tax  commis- 
sioner. 

1864,  208. 
§§2,3. 

1865,  283, 
§3. 

1880,  117, 
§2. 

P.  S.  13, 
§  38. 

1885,  238, 

1886,  270. 
1888,  413, 
§24. 

1898,  417: 
578,  §  2. 
R.  L.  14, 
§37. 

1902,  342, 
§2. 

1903,  437, 
§  48. 

1906,  463,  II., 
§  211;  III., 
§  125;  516, 
§  14. 

12  Allen,  75. 
98  Mass.  25. 
139  Mass.  561. 
144  Mass.  598. 
146  Mass.  408. 
157  Mass.  70. 
[lOp.  A.  G. 
278.] 

179  Mass.  18. 
181  Mass.  208. 
185  Mass.  117. 
195  Mass.  387. 
Amended. 
1909,440, 


SECTION  40.  Every  corporation  organized  under  the  general 
or  special  laws  of  the  commonwealth  for  purposes  of  business  or 
profit,  having  a  capital  stock  divided  into  shares,  except  banks, 
whose  shares  are  otherwise  taxable  under  the  provisions  of  this 
part,  in  addition  to  all  returns  required  by  its  charter,  and  in 
addition  to  all  returns  otherwise  required  under  the  provisions 
of  this  part,  shall  annually,  between  the  first  and  tenth  days  of 
[May]  April  make  a  return  to  the  tax  commissioner,  under  oath 
of  its  treasurer,  stating  the  name  of  the  corporation,  its  place  of 
business,  and  setting  forth  as  of  the  first  day  of  [May]  April 
of  the  year  in  which  the  return  is  made :  — 

First,  The  total  authorized  amount  of  the  capital  stock  of  the 
corporation;  the  amount  issued  and  outstanding  and  the  amount 
then  paid  thereon;  the  classes,  if  any,  into  which  it  is  divided; 
the  par  value  and  number  of  its  shares;  the  market  value  of  the 
shares  of  its  stock,  or  of  each  class  of  its  stock,  if  there  are  two 
or  more  classes. 

Second,  A  statement  in  such  detail  as  the  tax  commissioner  may 
require  of  the  works,  structures,  real  estate,  machinery,  under- 
ground conduits,  wires  and  pipes,  owned  by  said  corporation  and 
subject  to  local  taxation  within  the  commonwealth,  and  of  the 
location  and  value  thereof;  and,  in  the  case  of  domestic  business 
corporations,  of  the  merchandise  and  other  assets  belonging  to 
the  corporation  within  and  without  the  commonwealth. 

Third,  And,  except  as  to  street  railway  companies,  a  complete 
list  of  the  shareholders  of  the  corporation,  their  residences,  and 
the  amount  and  class  of  stock,  if  more  than  one,  belonging  to 
each.  If  stock  is  held  as  collateral  security,  the  list  shall  state 
the  name  and  residence  of  the  pledger  and  of  the  pledgee. 

Such  domestic  companies  may  annually,  between  the  first  and 
tenth  days  of  [May]  April,  make  a  return  to  the  tax  commis- 
sioner, signed  and  sworn  to  by  their  president,  treasurer  and 
clerk,  specifying  the  amount  and  market  value  of  all  stocks  in 
other  corporations  held  by  them  upon  which  a  tax  has  been  assessed 
and  actually  paid  either  in  this  or  in  any  other  state  for  the 
year  preceding  the  date  of  said  return;  and  the  books,  accounts 
and  papers  of  such  corporations  shall  be  examined  by  the  tax 
commissioner  so  far  as  may  be  necessary  for  the  verification  of 
said  return.  Other  corporations  required  to  make  a  return  under 
the  provisions  of  this  section  shall  also  state  therein  the  amount, 
value  and  location  of  all  works,  structures,  real  estate,  machinery, 
underground  conduits,  wires  and  pipes  owned  by  them  and  sub- 


GAS  AND   ELECTRIC   LIGHT  COMPANIES.  37 

ject  to  local  taxation  without  the  commonwealth.  Such  return 
shall  be  filed  by  the  tax  commissioner,  and  shall,  in  the  case  of 
said  domestic  business  corporations,  be  open  only  to  the  inspec- 
tion of  the  tax  commissioner,  his  clerks  and  assistants,  and  such 
other  officers  of  the  commonwealth  as  may  have  occasion  to  in- 
spect it  for  the  purpose  of  assessing  or  collecting  taxes. 

SECTION  41.     The  tax  commissioner  shall  ascertain  from  the  Valuation  of 
returns  or  otherwise  the  true  market  value  of  the  shares  of  each  SlSchfce,  etc. 
corporation  subject  to  the  requirements  of  the  preceding  section, 
and  shall  estimate  therefrom  the  fair  cash  value  of  all  of  said 


shares  constituting  its  capital  stock  on  the  preceding  first  day  of       *  5' 


117 

[May]   April,  which,  unless  by  the  charter  of  a  corporation  a  f>2g'13 
different  method  of  ascertaining  such  value  is  provided,  shall,   §  §  39,  40. 
for  the  purposes  of  this  part,  be  taken  as  the  true  value  of  its  §  i. 
corporate  franchise.     From  such  value  there  shall  be  deducted  :   1393',  li?! 

R.  L.  14,  §  38. 
...........         1902,  342, 

Third,  In  case  of  a  domestic  business  corporation,  the  value  |93Q3  437 
of  the  works,  structures,   real   estate,  machinery,   poles,   under-  |9702g  463  n 
ground  conduits,  wires  and  pipes  owned  by  it  within  the  com-   §  212  ;  in., 
monwealth  subject  to  local  taxation,  and  of  securities  which  if  §  is.  'r 
owned  by  a  natural  person  resident  in  this  commonwealth  would   1909'  439', 
not  be  liable  to  taxation  ;  also  the  value  of  its  property  situated   is2  Alien,  391. 
in  another  state  or  country  and  subject  to  taxation  therein,     [but]    ^  Mass-  19> 
There  shall  not   be   deducted   the  value   of   securities   which   if  100  Mass.  184, 
owned  by  a  natural  person  resident  in  this  commonwealth  would  J|5  Mass.  568. 

Io7  JM&SS.  oU. 

be  liable  to  taxation;  and  the  tax  commissioner  in  determining  139  Mass.  561. 
for  the  purposes  of  taxation  the  value  of  the  corporate  franchise   i46Mass.'408! 

o  ,.  ,     n  ,    ,        .     .  .  ,         ..  152  Mass.  372. 

or   any  such  corporation  shall   not  take  into  consideration  any  157  Mass.  70. 
debts  of  such  corporation  unless  the  returns  required  from  it  IBS  u.as!'i.22' 


contain   a   statement   duly   signed    and    sworn    to,   setting   forth  i^jjjjjf'  18' 
that  no  part  of  such  debts  was  incurred  for  the  purpose  of  re-  *909>  440> 
ducing  the  amount  of  taxes  to  be  paid  by  it.  1910,270. 

Fourth,  In  case  of  corporations  subject  to  the  requirements  of 
the  preceding  section,  other  than  railroad  corporations,  tele- 
graph, telephone,  street  railway  and  electric  railroad  companies, 
whether  chartered  or  organized  in  this  commonwealth  or  else- 
where, and  of  d'omestic  business  corporations,  the  value  as 
found  by  the  tax  commissioner  of  their  works,  structures,  real 
estate,  machinery,  underground  conduits,  wires  and  pipes,  sub- 
ject to  local  taxation  wherever  situated. 

For  the  purposes  of  this  section  the  tax  commissioner  may  take 
the  value  at  which  such  works,  structures,  real  estate,  machinery, 
poles,  underground  conduits,  wires  and  pipes  are  assessed  at  the 


38 


GAS  AND   ELECTRIC   LIGHT  COMPANIES. 


Corporation 

to  appeal 

from  local 

valuation, 

when. 

1865,  283, 

§  6. 

P.  S.  13,  §  41. 

1890,  127, 

§7. 

1898,  417. 

B.  L.  14,  §  39. 

1902,  342, 
§4. 

1903,  437, 
§  73. 

Tax  to  be  paid 
on  corporate 
franchise. 
Bate,  how 
determined. 

1864,  208, 
§5. 

1865,  283, 
§5. 

1880,  117, 
I  2. 

P.  S.  13,  §  40. 

1885,  238, 

1886,  270. 
1888,  413, 
§24. 
1898,  417. 

B.  L.  14,  §  40. 

1903,  437, 
§  74. 

1904,  261, 

1906,  271, 
§§9,  12; 
463,  II., 
§  214;  III., 
§  128;  516, 
§  17. 

12  Allen,  75, 
298. 

98  Mass.  19, 
25. 

99  Mass.  146, 
151. 

105  Mass.  527. 
135  Mass.  569. 
137  Mass.  80. 
139  Mass.  561. 
146  Mass.  408. 
157  Mass.  70. 
167  Mass.  522. 

178  Mass.  470. 

179  Mass.  18. 
6  Wallace, 
632. 

178  U.  S.  120. 
192  Mass.  129. 
195  Mass.  385, 
528. 


place  where  they  are  located  as  the  true  value,  but  such  local 
assessment  shall  not  be  conclusive  of  the  true  value  thereof. 

SECTION  42.  The  tax  commissioner  may  require  a  corpora- 
tion to  prosecute  an  appeal  from  the  valuation  of  its  works, 
structures,  real  estate,  machinery,  poles,  underground  conduits, 
wires  and  pipes  by  the  assessors  of  a  city  or  town,  either  to 
the  county  commissioners  or  to  the  superior  court,  whose  deci- 
sion shall  be  conclusive  upon  the  question  of  value.  Upon  such 
an  appeal  the  tax  commissioner  may  be  heard,  and  in  the  su- 
perior court  costs  may  be  awarded  as  justice  requires. 

1906,  463,  II.,  §  213;  III.,  §  127;  516,  §  16.      1909,  439,  §  3.      178  Mass. 470. 

SECTION  43.  Every  corporation  subject  to  the  provisions  of 
section  forty  shall  annually  pay  a  tax  upon  its  corporate  fran- 
chise, after  making  the  deductions  provided  for  in  section  forty- 
one,  at  a  rate  equal  to  the  average  of  the  annual  rates  for  three 
years  preceding  that  in  which  such  assessment  is  laid,  the  an- 
nual rate  to  be  determined  by  an  apportionment  of  the  whole 
amount  of  money  to  be  raised  by  taxation  upon  property  in  the 
commonwealth  during  the  same  year,  as  returned  by  the  assessors 
of  the  several  cities  and  towns  under  the  provisions  of  section 
ninety-three  of  Part  I,  after  deducting  therefrom  the  amount  of 
tax  assessed  upon  polls  for  the  preceding  year,  as  certified  to  the 
tax  commissioner,  upon  the  aggregate  valuation  of  all  cities  and 
towns  for  the  preceding  year,  as  returned  under  sections  fifty- 
nine  and  sixty  of  Part  I;  but  the  said  tax  upon  the  value  of  the 
corporate  franchise  of  a  domestic  business  corporation,  after 
making  the  deductions  provided  for  in  section  forty-one,  shall  not 
exceed  a  tax  levied  at  the  rate  aforesaid  upon  an  amount,  less  said 
deductions,  twenty  per  cent  in  excess  of  the  value,  as  found  by  the 
tax  commissioner,  of  the  works,  structures,  real  estate,  machinery, 
underground  conduits,  wires  and  pipes,  and  merchandise,  and  of 
securities  which  if  owned  by  a  natural  person  resident  in  this 
commonwealth  would  be  liable  to  taxation;  and  the  total  amount 
of  tax  to  be  paid  by  such  corporation  in  any  year  upon  its 
property  locally  taxed  in  this  commonwealth  and  upon  the  value 
of  its  corporate  franchise  shall  amount  to  not  less  than  one  tenth 
of  one  per  cent  of  the  market  value  of  its  capital  stock  at  the 
time  of  said  assessment  as  found  by  the  tax  commissioner.  If  the 
return  from  any  city  or  town  is  not  received  prior  to  the  twentieth 
day  of  August,  the  amount  raised  by  taxation  in  said  city  or 
town  for  the  preceding  year,  as  certified  to  the  secretary  of  the 
commonwealth,  may  be  adopted  for  the  purpose  of  this  deter- 
mination. 


GAS  AND  ELECTRIC   LIGHT  COMPANIES.  39 

SECTION  45.    If  the  value  of  the  works,  structures,  real  estate,  Remedy  of 
machinery  and  poles,  underground  conduits,  wires  and  pipes  of  when  asses- 
a  corporation  subject  to  local  taxation  within  the  commonwealth,  of  real  estate 
as  determined  by  the  tax  commissioner,  is  less  than  the  value  commis-tas 
thereof  as  determined  by  the  assessors  of  the  place  where  it  is  ¥865*283 
situated,  he  shall  give  notice  of  his  determination  to  such  corpora-  f>6g  13  §  41 
tion ;  and,  unless  within  one  month  after  the  date  of  such  notice  ^9£'  £[7g  42 
it  applies  to  said  assessors  for  an  abatement,  and,  upon  their  i9^2.  342, 
refusal  to  grant  an  abatement,  prosecutes  an  appeal  under  the  1903,  437, 
provisions  of  section  seventy-six  of  Part  I,  giving  notice  thereof  1904,  442. 
to  the  tax  commissioner,  the  valuation  of  said  commissioner  shall  §  215';  ill,   '' 
be  conclusive  upon  said  corporation,  |  Jg9'  516' 

137  Mass.  81.  152  Mass.  384.  178  Mass.  471.  1909>  439'  §  4< 

146  Mass.  403.  167  Mass.  522.  185  Mass.  117. 

Acts  of  1909,  Chapter  514,  §}  17,  18,  19,  25,  26,  27,  28,  29,  33,  34,  35,  36,  45,  52, 
78,  79,  80, 81, 82,  83,  84,  85, 91,  92,  93, 94,  96, 97,  98,  99, 100, 103, 104,  112,  113, 
120, 127,  128,  129, 130, 131,  132,  133, 134,  135, 136, 137, 138, 139, 140, 141, 144. 
(In  effect  Oct.  1,  1909.) 
GENERAL  PROVISIONS. 

SECTION  17.  The  following  words  and  phrases  as  used  in  all 
laws  relative  to  the  employment  of  labor  shall,  unless  a  different 
meaning  is  plainly  required  by  the  context,  have  the  following 
meanings :  — 

"  Child  "  or  "  Minor  "  shall  mean  a  person  under  eighteen  years 
of  age. 

"Factory"  shall  mean  any  premises  where  steam,  water  or 
other  mechanical  power  is  used  in  aid  of  any  manufacturing  proc- 
ess there  carried  on. 

"  Manufacturing  establishments "  shall  mean  any  premises, 
room  or  place  used  for  the  purpose  of  making,  altering,  repairing, 
ornamenting,  finishing  or  adapting  for  sale  any  article  or  part 
of  an  article. 

"  Mechanical  establishments "  shall  mean  any  premises,  other 
than  a  factory  as  above  defined,  in  which  machinery  is  employed 
in  connection  with  any  work  or  process  carried  on  therein. 

"  Person  "  shall  mean  an  individual,  corporation,  partnership, 
company  or  association. 

"  Public  building  "  shall  mean  any  building  or  premises  used  as 
a  public  or  private  institution,  church,  theatre,  public  hall,  place 
of  public  entertainment,  resort  or  assemblage. 

"  School  house  "  shall  mean  any  building  or  premises  in  which 
public  or  private  instruction  is  afforded  to  not  less  than  ten 
pupils  at  one  time. 


40 


GAS   AND  ELECTRIC  LIGHT  COMPANIES. 


Intimidation 
of  employees 
prohibited. 
R.  L.  106, 
§  11. 

Membership 
in  labor 
unions  not  to 
be  forbidden. 
R.  L.  106, 
§12. 


Employment 
by  public 
service  cor- 
porations 
restricted. 
1903,  320, 
§§  1,3. 


"  Woman  "  shall  mean  a.  woman  eighteen  years  of  age  or  over. 

"  Workshop  "  shall  mean  any  premises,  room  or  place,  which 
is  not  a  factory  as  above  defined,  wherein  manual  labor  is  exer- 
cised by  way  of  trade  or  for  purposes  of  gain  in  or  incidental  to 
a  process  of  making,  altering,  repairing,  ornamenting,  finishing 
or  adapting  for  sale  any  article  or  part  of  an  article,  and  to  which 
or  over  which  premises,  room  or  place  the  employer  of  the  per- 
sons working  therein  has  the  right  of  access  or  control;  but  the 
exercise  of  such  manual  labor  in  a  private  house  or  private  room 
by  the  family  dwelling  therein  or  by  any  of  them  or  if  a  majority 
of  the  persons  therein  employed  are  members  of  such  family, 
shall  not  of  itself  constitute  such  house  or  room  a  workshop 
within  this  definition. 

"  Young  person  "  shall  mean  a  person  of  the  age  of  fourteen 
years  and  under  the  age  of  eighteen  years. 

SECTION  18.  No  person  shall,  by  intimidation  or  force,  pre- 
vent or  seek  to  prevent  a  person  from  entering  into  or  continuing 
in  the  employment  of  any  person  or  corporation. 

SECTION  19.  No  person  shall,  himself  or  by  his  agent,  coerce 
or  compel  a  person  into  a  written  or  oral  agreement  not  to  join 
or  become  a  member  of  a  labor  organization  as  a  condition  of  his 
securing  employment  or  continuing  in  the  employment  of  such 
person. 

SECTION  25.  No  railroad,  street  railway,  electric  light,  gas, 
telegraph,  telephone,  water  or  steamboat  company  shall  appoint, 
promote,  reinstate,  suspend  or  discharge  any  person  employed 
or  seeking  employment  by  any  such  company  at  the  request  of 
the  governor,  lieutenant  governor,  or  any  member  or  member  elect 
of  the  council  or  of  the  general  court,  or  candidate  therefor,  jus- 
tice of  the  supreme  judicial  court,  justice  of  the  superior  court, 
judge  of  probate,  justice  of  a  police,  district  or  municipal  court, 
district  attorney,  member  or  member  elect  of  a  board  of  county 
commissioners,  or  candidate  for  county  commissioner,  member  or 
member  elect  of  a  board  of  aldermen,  or  selectmen,  or  city  council, 
or  any  executive,  administrative  or  judicial  officer,  clerk  or  em- 
ployee of  any  branch  of  the  government  of  the  commonwealth  or 
of  any  county,  city  or  town ;  nor  shall  any  such  public  officer  or 
body,  or  any  member  or  member  elect  thereof  or  candidate  there- 
for, directly  or  indirectly  advocate,  oppose,  or  otherwise  interfere 
in,  or  make  any  request,  recommendation,  endorsement,  require- 
ment or  certificate  relative  to,  and  the  same,  if  made,  shall  not  be 
required  as  a  condition  precedent  to,  or  be  in  any  way  regarded  or 
permitted  to  influence  or  control,  the  appointment,  promotion, 


GAS  AND   ELECTRIC  LIGHT  COMPANIES.  41 

reinstatement  or  retention  of  any  person  employed  or  seeking 
employment  by  any  such  corporation,  and  no  such  person  shall 
solicit,  obtain,  exhibit,  or  otherwise  make  use  of  any  such  official 
request,  recommendation,  certificate  or  endorsement  in  connection 
with  any  existing  or  desired  employment  by  a  public  service  cor- 
poration. Any  person  or  corporation  violating-  the  provisions  of 
this  section  shall  be  punished  by  a  fine  of  not  less  than  fifty  dol- 
lars nor  more  than  one  hundred  dollars  for  each  offence. 

SECTION  26.    The  offices  of  probation  officer,  notary  public  and  Public  offices 

defined. 

justice  of  the  peace,  prison  officer,  agent  of  the  prison  commis-  1903,  320, 
sioners  and  agent  of  the  state  board  of  charity  shall  not  be  con-  1908,  228. 
sidered  public  offices  within  the  meaning  of  the  preceding  section. 

SECTION  27.    Whoever  knowingly  causes  to  be  printed  or  pub-  Fraudulent 
lished  a  false  or  fraudulent  notice  or  advertisement  for  help  or  concerning 
for  obtaining  work  or  employment  shall  be  punished  by  a  fine  of  1908/217?*" 
not  more  than  five  hundred  dollars  or  by  imprisonment  for  not 
more  than  three  months  or  by  both  such  fine  and  imprisonment. 

SECTION  28.     Whoever  corruptly  gives,  offers  or  promises  to  Corrupt in- 
an  agent,  employee  or  servant,  any  gift  or  gratuity  whatever  with  agents  of  ° 
intent  to  influence  his  action  in  relation  to  the  business  of  his  prohibited, 
principal,  employer  or  master;  or  an  agent,  employee  or  servant  J9^4'  343> 
who  corruptly  requests  or  accepts  a  gift  or  gratuity  or  a  promise 
to  make  a  gift  or  to  do  an  act  beneficial  to  himself,  under  an 
agreement  or  with  an  understanding  that  he  shall  act  in  any  par- 
ticular manner  in  relation  to  the  business  of  his  principal,  em- 
ployer or  master;  or  an  agent,  employee  or  servant,  who,  being 
authorized  to  procure  materials,  supplies  or  other  articles  either 
by  purchase  or  contract  for  his  principal,  employer  or  master, 
or  to  .employ   service  or  labor  for  his   principal,   employer,   or 
master,  receives  directly  or  indirectly,  for  himself  or  for  another, 
a  commission,  discount  or  bonus  from  the  person  who  makes  such 
sale  or  contract,  or  furnishes  such  materials,  supplies  or  other 
articles,  or  from  a  person  who  renders  such  service  or  labor;  and 
any  person  who  gives  or  offers  such  an  agent,  employee  or  ser- 
vant such  commission,  discount  or  bonus,  shall  be  punished  by  a 
fine  of  not  less  than  ten  dollars  nor  more  than  five  hundred  dollars, 
or  by  such  fine  and  by  imprisonment  for  not  more  than  one  year. 

SECTION  29.    No  person  shall  be  excused  from  attending,  testi-  Seif- 

incriminatmg 

f  ying  or  producing  books,  papers,  contracts,  agreements  and  docu-  testimony  not 
ments  before  any  court  or  in  obedience  to  the  subpoena  of  any  1904,  343', 
court  having  jurisdiction   of  the   offence   described  in  the   pre-  §  2< 
ceding  section  on  the  ground  or  for  the  reason  that  the  testi- 
mony or  evidence,  documentary  or  otherwise,  required  of  him 


42 


GAS  AND  ELECTRIC   LIGHT  COMPANIES. 


Use  of  bells 
and  whistles. 
R.  L.  106,  §  £ 


Non-resident 
special  police 
officers  to  be 
employees, 
when. 
R.  L.  108, 
§  11. 


Police  protec- 
tion author- 
ized and 
regulated. 
R.  L.  108, 
§  12. 


General 
penalty. 
R.  L.  106, 
§70. 

Employees 
to  be  allowed 
time  for 
voting. 
R.  L.  11, 
§§  5,413. 
1902,  384. 
1904,  334. 
1907,  560, 
§§5,447. 


may  tend  to  criminate  him  or  subject  him  to  a  penalty  or  for- 
feiture. But  no  person  shall  be  liable  to  any  suit  or  prosecution, 
civil  or  criminal,  for  or  on  account  of  any  transaction,  matter 
or  thing  concerning  which  he  may  testify  or  produce  evidence, 
documentary  or  otherwise,  before  said  court  or  in  obedience  to  its 
subpoena  or  in  any  such  case  or  proceedings. 

SECTION  33.  Manufacturers  and  others  who  employ  workmen 
may,  for  the  purpose  of  giving  notice  to  them,  ring  bells  and  use 
whistles  and  gongs  of  such  size  and  weight  and  in  such  manner 
and  at  such  hours  as  the  board  of  aldermen  of  cities  and  the 
selectmen  of  towns  may  designate  in  writing. 

SECTION  34.  If,  in  an  emergency,  special  police  officers  are 
appointed  under  the  name  of  police  officers  or  any  other  name, 
to  act  as  police  officers  for  quelling  a  riot  or  disturbance  or  for 
protecting  property  no  person  shall  be  so  appointed  who  is  not 
a  resident  of  this  commonwealth  unless  he  is  a  regular  employee 
of  the  person  or  corporation  whose  property  he  is  so  appointed 
to  protect. 

SECTION  35.  A  person  or  corporation  may,  at  any  time,  if 
his  or  its  property  is  in  danger,  call  upon  the  regular  police 
authorities  in  this  commonwealth  for  assistance  in  its  protec- 
tion, and  the  provisions  of  this  and  the  preceding  section  shall 
not  limit  or  diminish  such  rights;  but  no  person  or  corporation 
shall  request  or  authorize  any  person  or  body  of  persons  not 
residents  of  this  commonwealth,  except  regular  employees,  to 
assist  such  corporation  with  arms  in  the  defence  of  its  property, 
and  no  such  request  or  authority  shall  justify  an  assault  or  at- 
tack with  arms  by  a  non-resident.  Whoever,  being  an  employer 
of  labor,  requests  or  authorizes  assistance  in  violation  of  the 
provisions  of  this  section  and  whoever  renders  such  assistance 
with  arms  shall  be  severally  liable  in  damages  to  each  person 
injured  in  person  or  property  thereby. 

SECTION  36.  Whoever  violates  a  provision  of  this  act  for 
which  no  specific  penalty  is  provided  shall  be  punished  by  a 
fine  of  not  more  than  one  hundred  dollars. 

SECTION  45.  No  person  entitled  to  vote  at  an  election  shall, 
upon  the  day  of  any  such  election,  be  employed  in  any  manufac- 
turing, mechanical  or  mercantile  establishment,  except  such  as 
may  lawfully  conduct  its  business  on  Sunday,  during  the  period 
of  two  hours  after  the  opening  of  the  polls  in  the  voting  pre- 
cinct or  town  in  which  he  is  entitled  to  vote,  if  he  shall  make 
application  for  leave  of  absence  during  such  period.  An  owner, 
superintendent  or  overseer  in  any  manufacturing,  mechanical  or 
mercantile  establishment,  except  such  as  may  lawfully  conduct 


GAS  AND  ELECTRIC   LIGHT  COMPANIES.  43 

its  business  on  Sunday,  who  employs  or  permits  to  be  employed 
therein  any  person  entitled  to  vote  at  a  state  election,  during 
the  period  of  two  hours  after  the  opening  of  the  polls  in  the 
voting  precinct  or  town  in  which  such  person  is  entitled  to  vote, 
if  he  shall  make  application  for  leave  of  absence  during  such 
period,  shall  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars. 

SECTION  52.  Except  in  cases  of  emergency  or  except  at  the  Employees  to 
request  of  the  employee,  it  shall  not  be  lawful  for  any  person,  day^°restin 
partnership,  association  or  corporation  to  require  an  employee  IQOT^TT. 
engaged  in  any  commercial  occupation,  or  in  the  work  of  any 
industrial  process,  or  in  the  work  of  transportation  or  commu- 
nication, to  do  on  the  Lord's  day  the  usual  work  of  his  occupa- 
tion, unless  such  employee  is  allowed  during  the  six  days  next 
ensuing  twenty-four  consecutive  hours  without  labor.  But  the 
provisions  of  this  section  shall  not  be  construed  as  authorizing 
any  work  on  the  Lord's  day  not  now  authorized  by  law;  nor  as 
applying  to  farm  or  personal  services,  to  druggists,  to  watchmen, 
to  superintendents  or  managers,  to  janitors,  or  to  persons  en- 
gaged in  the  transportation,  sale  or  delivery  of  milk,  food  or 
newspapers.  Whoever  violates  the  provisions  of  this  section 
shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars  for  each 
offence. 

SANITARY   AND   PROTECTIVE   PROVISIONS. 

SECTION   78.     All   manufacturing    establishments   within    this  Drinking 
commonwealth  shall  provide  fresh  and  pure  drinking  water  to  provided  for 


which  their  employees  shall  have  access  during  working  hours. 
Any  person,  firm,  association  or  corporation  owning,  in  whole  §9507'  537' 
or  in  part,  managing,  controlling  or  superintending  any  manu- 
facturing establishment  in  which  the  provisions  of  this  section 
are  violated  shall,  upon  complaint  of  the  state  inspectors  of 
health,  of  the  board  of  health  of  the  city  or  town,  or  of  the 
selectmen  of  the  town  in  which  the  establishment  is  located  be 
punished  by  a  fine  of  one  hundred  dollars  for  each  offence. 

SECTION  79.     Every  factory  in  which   five  or  more  persons  Sanitary  pro- 
are  employed,  and  every  factory,  workshop,  mercantile  or  other 


establishment  or  office  in  which  two  or  more  children  or  women          * 
are  employed,  shall  be  kept  clean  and  free  from  effluvia  arising  J-J^  106' 
from  any  drain,  privy  or  nuisance,  and  shall  be  provided,  within 
reasonable    access,    with    a    sufficient    number   of   proper    water 
closets,  earth  closets  or  privies;  and  wherever  two  or  more  males 
and  two  or  more  females  are  employed  together,  a  sufficient  num- 
ber of  separate  water  closets,  earth  closets  or  privies  shall  be 


44 


GAS  AND  ELECTRIC   LIGHT  COMPANIES. 


Occupant 
may  recover 
expense  of 
changes. 
R.  L.  106, 
§48. 


Notice  of 
defective 
sanitary  ar- 
rangements. 
B.  L.  106, 
§49. 


Prerequisites 
to  criminal 
prosecution. 
R.  L.  106, 
§50. 


Ventilation 

of  factories, 

etc. 

R.  L.  106, 

§  51. 


provided  for  the  use  of  each  sex,  and  plainly  so  designated;  and 
no  person  shall  be  allowed  to  use  a  closet  or  privy  which  is  pro- 
vided for  persons  of  the  other  sex. 

SECTION  80.  The  owner,  lessee  or  occupant  of  any  premises 
which  are  used  as  described  in  the  preceding  section  shall  make 
the  changes  necessary  to  conform  thereto.  If  such  changes  are 
made  upon  the  order  of  the  inspection  department  of  the  dis- 
trict police,  by  the  occupant  or  lessee  of  the  premises,  he  may, 
within  thirty  days  after  the  completion  thereof  bring  an  action 
against  any  other  person  who  has  an  interest  in  such  premises, 
and  may  recover  such  proportion  of  the  expense  of  making  such 
changes  as  the  court  adjudges  should  justly  and  equitably  be 
borne  by  the  defendant. 

SECTION  81.  If  it  appears  to  a  state  inspector  of  health  that 
any  act,  neglect  or  fault  in  relation  to  any  drain,  water  closet, 
earth  closet,  privy,  ashpit,  water  supply,  nuisance  or  other  mat- 
ter in  a  factory  or  workshop  included  under  the  provisions  of 
section  seventy-nine,  is  punishable  or  remediable  under  the  pro- 
visions of  chapter  seventy-five  of  the  Revised  Laws  or  any  other 
law  relative  to  the  preservation  of  the  public  health,  but  not 
under  the  provisions  of  this  chapter,  he  shall  give  notice  in 
writing  thereof  to  the  board  of  health  of  the  city  or  town  in 
which  such  factory  or  workshop  is  situated,  and  such  board  of 
health  shall  thereupon  inquire  into  the  subject  of  the  notice 
and  enforce  the  laws  relative  thereto. 

SECTION  82.  A  criminal  prosecution  shall  not  be  instituted 
against  a  person  for  a  violation  of  the  provisions  of  sections 
seventy-nine  and  eighty  until  four  weeks  after  notice  in  writ- 
ing by  the  inspection  department  of  the  district  police  of  the 
changes  necessary  to  be  made  to  comply  with  the  provisions  of 
said  sections  has  been  sent  by  mail  or  delivered  to  such  person, 
nor  if  such  changes  shall  have  been  made  in  accordance  with 
such  notice.  A  notice  shall  be  sufficient  under  the  provisions  of 
this  section  if  given  to  one  member  of  a  firm,  or  to  the  clerk, 
cashier,  secretary,  agent  or  any  other  officer  who  has  charge 
of  the  business  of  a  corporation,  or  to  its  attorney;  and  in  case 
of  a  foreign  corporation,  to  the  officer  who  has  the  charge  of  such 
factory  or  workshop;  and  such  officer  shall  be  personally  liable 
for  the  amount  of  any  fine  if  a  judgment  against  the  corporation 
is  returned  unsatisfied. 

SECTION  83.  A  factory  in  which  five  or  more  persons  and  a 
workshop  in  which  five  or  more  women  or  young  persons  are  em- 
ployed shall,  wrhile  work  is  earned  on  therein,  be  so  ventilated 


GAS   AND  ELECTRIC   LIGHT  COMPANIES.  45 

that  the  air  shall  not  become  so  impure  as  to  be  injurious  to  the 
health  of  the  persons  employed  therein  and  so  that  all  gases, 
vapors,  dust  or  other  impurities  injurious  to  health,  which  are 
generated  in  the  course  of  the  manufacturing  process  or  handi- 
craft carried  on  therein  shall,  so  far  as  practicable,  be  rendered 
harmless. 

SECTION  84.    If,  in  a  workshop,  or  factory  which  is  within  the  Health 
provisions  of  the  preceding  section,  any  process  is  carried  on  by  enforce0" 
which  dust  is  caused  which  may  be  inhaled  to  an  injurious  extent  R^L'/IOG?' 
by  the  persons  employed  therein,  and  it  appears  to  a  state  inspec-   §  52- 
tor  of  health  that  such  inhalation  would  be  substantially  dimin- 
ished without  unreasonable  expense  by  the  use  of  a  fan  or  by 
other  mechanical  means,  such  fan  or  other  mechanical  means,  if 
he  so  directs,  shall  be  provided,  maintained  and  used. 

SECTION  85.     A  criminal  prosecution  shall  not  be  instituted  Prerequisites 

n  .  .   .  to  criminal 

tor  any  violation  or  the  provisions  of  the  two  preceding  sections  prosecution, 
unless  such  employer  neglects,  for  four  weeks  after  the  receipt 
of  a  notice  in  writing,  to  make  such  changes  in  his  factory  or 
workshop  as  shall  be  ordered  by  a  state  inspector  of  health. 

SECTION  91.     In  every  manufacturing  establishment  in  which  Communica- 
the  machinery  is  propelled  by   steam,   communication  shall  be  engineer's 
provided  between  each  room  in  which  such  machinery  is  placed  R.T/104, 
and  the  room  in  which  the  engineer  is  stationed  by  means  of 
speaking  tubes,  electric  bells  or  appliances  to  control  the  motive 
power,  or  such  other  means  as  shall  be  satisfactory  to  the  inspec- 
tors of  factories  and  public  buildings,  if  in  the  opinion  of  the 
inspectors  such  communication  is  necessary.    Whoever,  being  the 
occupant  or  controlling  the  use  of  any  such  manufacturing  estab- 
lishment, violates  the  provisions  of  this  section  shall  forfeit  to 
the  commonwealth  not  less  than  twenty-five  nor  more  than  one 
hundred  dollars. 

SECTION  92.    No  prosecution  for  a  violation  of  the  provisions  Commence- 
of  the  preceding  section  shall  be  commenced  until  four  weeks  J^osecutions. 
after  notice  in  writing  by  an  inspector  has  been  sent  by  mail  to  ^39' 104> 
such  person,  firm  or  corporation  of  any  changes  necessary  to  be 
made  to  comply  with  the  provisions  of  said  section,  nor  if  such 
changes  shall  have  been  made  in  accordance  with  such  notice. 

SECTION  93.     No  outside  or  inside  doors  of  any  building  in  Doors  not 
which  operatives  are  employed  shall  be  so  locked,  bolted  or  other-  during  hours 
wise  fastened  during  the  hours  of  labor  as  to  prevent  free  egress.   R.  £.  104, 
The  owner,  lessee  or  occupant  of  any  such  building  shall,  five  days   § 
after  receiving  notice  in  writing  from  an  inspector  of  factories 
and  public  buildings,  comply  with  the  provisions  of  this  section. 


46 


GAS  AND  ELECTRIC   LIGHT  COMPANIES. 


Belting,  etc., 

in  factories 

to  be  guarded. 

R.  L.  104, 

§41. 

1907,  503,  §  2; 

537,  §  5. 


Hatchways, 
etc.,  to  be 
protected. 
R.  L.  104, 
§§  43,  108. 


Temporary 
flooring 
during  con- 
struction. 
R.  L.  104, 
§44. 


Same  subject. 
R.  L.  104, 
§45. 


Enforcement 
of  laws  and 
penalty. 
R.  L.  104, 
§46. 


Use  of 
explosives 
regulated. 
R.  L.  104, 
§47. 

Appliances 
for  ex- 
pectoration. 
1907,  503, 
§   2. 


SECTION  94.  The  belting,  shafting,  gearing  and  drugs  of  all 
factories,  if  so  placed  as,  in  the  opinion  of  the  inspectors  of  fac- 
tories and  public  buildings,  to  be  dangerous  to  employees  therein 
while  engaged  in  their  ordinary  duties,  shall  be  as  far  as  practi- 
cable securely  guarded.  No  machinery  except  steam  engines  in 
a  factory  shall  be  cleaned  while  running  if  objection  in  writing  is 
made  by  one  of  said  inspectors.  All  factories  and  workshops  shall 
be  well  lighted,  well  ventilated  and  kept  clean,  and  this  require- 
ment shall  be  enforced  by  the  state  inspectors  of  health. 

SECTION  96.  The  openings  of  hoistways,  hatchways,  elevators 
and  well  holes  upon  every  floor  of  a  factory  or  mercantile  or 
public  building  shall  be  protected  by  sufficient  trap  doors  or  self- 
closing  hatches  and  safety  catches,  or  such  other  safeguards  as 
the  inspectors  of  factories  and  public  buildings  direct;  and  due 
diligence  shall  be  used  to  keep  such  trap  doors  closed  at  all  times, 
except  when  in  actual  use  by  the  occupant  of  the  building  who 
has  the  use  and  control  of  the  same. 

SECTION  97.  If,  in  the  erection  of  an  iron  or  steel  framed 
building  the  spaces  between  the  girders  or  floor  beams  of  any  floor 
are  not  filled  or  covered  by  the  permanent  construction  of  said 
floors  before  another  story  is  added  to  the  building,  a  close  plank 
flooring  shall  be  placed  and  maintained  over  such  spaces,  from 
the  time  when  the  beams  or  girders  are  placed  in  position  until 
said  permanent  construction  is  applied;  but  opening's,  protected 
by  a  strong  hand  railing  not  less  than  four  feet  high,  may  be  left 
through  said  floors  for  the  passage  of  workmen  or  material. 

SECTION  98.  In  the  construction  of  any  iron  or  steel  framed 
building  having  a  clear  story  of  twenty-five  feet  elevation  or  more, 
a  staging  with  a  close  plank  flooring  shall  be  placed  under  the 
whole  extent  of  the  beams,  girders  or  trusses  of  such  story  upon 
which  iron  or  steel  workers  are  working,  and  not  more  than  ten 
feet  below  the  under  side  of  such  beams,  girders  and  trusses. 

SECTION  99.  Inspectors  of  factories  and  public  buildings  shall 
enforce  the  provisions  of  the  two  preceding  sections,  and  who- 
ever violates  any  provision  thereof  shall  be  punished  by  a  fine 
of  not  less  than  fifty  nor  more  than  five  hundred  dollars  for  each 
offence. 

SECTION  100.  Explosive  or  inflammable  compounds  shall  not 
be  used  in  any  factory  in  such  place  or  manner  as  to  obstruct 
or  render  hazardous  the  egress  of  operatives  in  case  of  fire. 

SECTION  103.  Suitable  receptacles  for  expectoration  shall  be 
provided  in  all  factories  and  workshops  by  the  proprietors 
thereof,  the  same  to  be  of  such  form  and  construction  and  of 


GAS  AND  ELECTRIC  LIGHT  COMPANIES.  47 

such  number  as  shall  be  satisfactory  to  the  board  of  health  of 
the  city  or  town  in  which  the  factory  or  workshop  is  situated. 

SECTION  104.  Every  person,  firm  or  corporation  operating  a  Surgical 
factory  or  shop  in  which  machinery  is  used  for  any  manufactur- 
ing  or  other  purpose  except  for  elevators,  or  for  heating  or  1907>  164' 
hoisting  apparatus,  shall  at  all  times  keep  and  maintain,  free  of 
expense  to  the  employees,  such  a  medical  and  surgical  chest  as 
shall  be  required  by  the  board  of  health  of  the  city  or  town  where 
such  machinery  is  used,  containing  plasters,  bandages,  absorb- 
ent cotton,  gauze,  and  all  other  necessary  medicines,  instruments 
and  other  appliances  for  the  treatment  of  persons  injured  or 
taken  ill  upon  the  premises.  A  person,  firm  or  corporation  vio- 
lating any  provision  of  this  section  shall  be  punished  by  a 
fine  of  not  less  than  five  dollars  nor  more  than  five  hundred 
dollars  for  every  week  during  which  such  violation  continues. 

PAYMENT  OF  WAGES. 

SECTION   112.      Every  manufacturing,   mining,   or   quarrying,  Weekly 

mercantile,  railroad,  street  railway,  telegraph  or  telephone  corpo-  S?S?ges. 

ration,  every  incorporated  express  company  or  water  company,  §  62.'  106' 

and  every  contractor,  person  or  partnership  engaged  in  any  manu-  J^;  42?; 

facturing  business,  in  any  of  the  building  trades,  in  quarries  or  JjjjJJ  J|jj- 
mines,  upon  public  works  or  in  the  construction  or  repair  of 


railroads,  street  railways,  roads,  bridges  or  sewers,  or  of  gas,  172  Mass.  230. 

i      A   •     v    i^  i  •  1.11  111      195  Mass.  548. 

water  or  electric  light  works,  pipes  or  lines,  shall  pay  weekly  each  Amended. 
employee  engaged  in  his  or  its  business  the  wages  earned  by 
him  to  within  six  days  of  the  date  of  said  payment,  but  any 
employee  leaving  his  or  her  employment,  [or  being  discharged 
from  such  employment]  shall  be  paid  in  full  on  the  following 
regular  pay  day  and  any  employee  discharged  from  such  em- 
ployment shall  be  paid  in  full  on  the  day  of  his  discharge,  or 
in  the  city  of  Boston  as  soon  as  the  provisions  of  law  requiring 
pay  rolls,  bills  and  accounts  to  be  certified  shall  have  been  com- 
plied with;  and  the  commonwealth,  its  officers,  boards  and  com- 
missions shall  so  pay  every  mechanic,  workman  and  laborer  who 
is  employed  by  it  or  them,  and  every  person  employed  by  it  or 
them  in  any  penal  or  charitable  institution,  and  every  county  and 
city  shall  so  pay  every  employee  who  is  engaged  in  its  business 
the  wages  or  salary  earned  by  him,  unless  such  mechanic,  workman, 
laborer  or  employee  requests  in  writing  to  be  paid  in  a  different 
manner;  and  every  town  shall  so  pay  each  employee  in  its  busi- 
ness if  so  required  by  him;  but  an  employee  who  is  absent  from 
his  regular  place  of  labor  at  a  time  fixed  for  payment  shall  be 


48 


GAS   AND  ELECTRIC   LIGHT  COMPANIES. 


Chief  of  police 
to  prosecute 
violations 
of  preceding 
section. 
R.  L.  106, 
§  63. 


Penalty  for 
discharge  of 
employee 
without 
notice. 
R.  L.  106, 
§  10. 


paid  thereafter  on  demand.  The  provisions  of  this  section  shall 
not  apply  to  an  employee  of  a  co-operative  corporation  or  associa- 
tion if  he  is  a  stockholder  therein  unless  he  requests  such  corpo- 
ration to  pay  him  weekly.  The  board  of  railroad  commissioners, 
after  a  hearing,  may  exempt  any  railroad  corporation  from  pay- 
ing weekly  any  of  its  employees  if  it  appears  to  the  board  that 
such  employees  prefer  less  frequent  payments,  and  that  their 
interests  and  the  interests  of  the  public  will  not  suffer  thereby. 
No  corporation,  contractor,  person  or  partnership  shall  by  a 
special  contract  with  an  employee  or  by  any  other  means  exempt 
himself  or  itself  from  the  provisions  of  this  and  the  following 
section.  Whoever  violates  the  provisions  of  this  section  shall  be 
punished  by  a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars. 

SECTION  113.  The  chief  of  the  district  police  or  an  inspector 
of  factories  and  public  buildings  may  make  a  complaint  against 
any  person  for  a  violation  of  the  provisions  of  the  preceding 
section.  Complaints  for  such  violation  shall  be  made  within  thirty 
days  after  the  date  thereof,  and,  on  the  trial,  no  defence  for 
failure  to  pay  as  required,  other  than  the  attachment  of  such 
wages  by  the  trustee  process  or  a  valid  assignment  thereof  or  a 
valid  set-off  against  the  same,  or  the  absence  of  the  employee 
from  his  regular  place  of  labor  at  the  time  of  payment,  or  an 
actual  tender  to  such  employee  at  the  time  of  payment  of  the 
wages  so  earned  by  him,  shall  be  valid.  The  defendant  shall  not 
set  up  as  a  defence  a  payment  of  wages  after  the  bringing  of  the 
complaint.  An  assignment  of  future  wages  which  are  payable 
weekly  under  the  provisions  of  this  act  shall  not  be  valid  if  made 
to  the  person  from  whom  such  wages  are  to  become  due  or  to  any 
person  on  his  behalf  or  if  made  or  procured  to  be  made  to  another 
person  for  the  purpose  of  relieving  the  employer  from  the  obli- 
gation to  pay  weekly.  The  word  "  person  "  in  this  section  shall 
include  the  corporations,  contractors,  persons  and  partnerships 
described  in  the  preceding  section. 

SECTION  120.  A  person  who  being  engaged  in  manufacturing 
requires  from  his  employees,  under  penalty  of  forfeiture  of  a  part 
of  the  wages  earned  by  them,  a  notice  of  intention  to  leave  such 
employ  shall  be  liable  to  a  like  forfeiture,  if,  without  similar 
notice,  he  discharges  an  employee. 


Liability  of 
employer  to 
employee. 
R.  L.  106, 
§  71. 
1908,  420. 


LIABILITY   OF   EMPLOYERS   TO   EMPLOYEES. 

SECTION  127.  If  personal  injury  is  caused  to  an  employee, 
who,  at  the  time  of  the  injury,  is  in  the  exercise  of  due  care  by 
reason  of: 


GAS  AND   ELECTRIC   LIGHT  COMPANIES.  49 

First,  A  defect  in  the  condition  of  the  ways,  works  or  machin- 
inery  connected  with  or  used  in  the  business  of  the  employer, 
which  arose  from,  or  had  not  been  discovered  or  remedied  in  con- 
sequence of,  the  negligence  of  the  employer  or  of  a  person  in  his 
service  who  had  been  entrusted  by  him  with  the  duty  of  seeing 
that  the  ways,  works  or  machinery  were  in  proper  condition;  or, 

Second,  The  negligence  of  a  person  in  the  service  of  the 
employer  who  was  entrusted  with  and  was  exercising  superin- 
tendence and  whose  sole  or  principal  duty  was  that  of  superin- 
tendence, or,  in  the  absence  of  such  superintendent,  of  a  person 
acting  as  superintendent  with  the  authority  or  consent  of  such 
employer;  or, 

The  employee,  or  his  legal  representatives,  shall,  subject  to  the 
provisions  of  the  nine  following  sections,  have  the  same  rights  to 
compensation  and  of  action  against  the  employer  as  if  he  had  not 
been  an  employee,  nor  in  the  service,  nor  engaged  in  the  work,  of 
the  employer.  , 

SECTION  128.    If  the  injury  described  in  the  preceding  section  Action  if 
results  in  the  death  of  the  employee,  and  such  death  is  not  in-  followed  by 
stantaneous  or  is  preceded  by  conscious  suffering,  and  if  there  is 
any  person  who  would  have  been  entitled  to  bring  an  action  under 


the  provisions  of  the  following  section,  the  legal  representatives  suffering. 
of  said  employee  may,  in  the  action  brought  under  the  provisions   §  72.' 

„  ,  ,  ,:  ,.  „        ,,        ,      ,£  .          ,,.      1906,370. 

of  the  preceding  section,  recover  damages  for  the  death  in  addi- 
tion to  those  for  the  injury;  and  in  the  same  action  under  a 
separate  count  at  common  law,  may  recover  damages  for  conscious 
suffering  resulting  from  the  same  injury. 

SECTION  129.     If,  as  the  result  of  the  negligence  of  an  em-  Action  if 
ployer  himself,  or  of  a  person  for  whose  negligence  an  employer  followed  by 
is  liable  under  the  provisions  of  section  one  hundred  and  twenty- 
seven,  an  employee  is  instantly  killed,  or  dies  without  conscious 


suffering,  his  widow  or,  if  he  leaves  no  widow,  his  next  of  kin,  R-  L.  106, 
who,  at  the  time  of  his  death,  were  dependent  upon  his  wages  for  IQOS,  457. 
support,  shall  have  a  right  of  action  for  damages  against  the 
employer. 

SECTION  130.    If  an  action  is  brought  under  the  provisions  of  ^JJJJ^JJ11* 
the  preceding  section  by  the  widow  of  the  employee,  or  by  the  brought 
next  of  kin,  who  may  have  such  right  of  action,  or  if  the  action  fng  sections. 
is  brought  under  the  provisions  of  section  one  hundred  and  twenty- 
seven  by  the  legal  representatives,  such  action  shall  not  fail  by 
reason  of  the  fact  that  it  should  have  been  brought  under  the 


50 


GAS   AND   ELECTRIC  LIGHT  COMPANIES. 


Damages. 
R.  L.  106, 
§  74. 


Notice. 
R.  L.  106, 
§  75. 

Amended. 
1910,  166, 
§2. 


other  section,  but  may  be  so  amended  as  to  provide  against  such 
failure  at  any  time  prior  to  final  judgment. 

SECTION  131.  If  under  the  provisions  of  section  one  hundred 
and  twenty-eight  and  one  hundred  and  twenty-nine  damages  are 
awarded  for  the  death,  they  shall  be  assessed  with  reference  to 
the  degree  of  culpability  of  the  employer  or  of  the  person  for 
whose  negligence  the  employer  is  liable. 

The  amount  of  damages  which  may  be  awarded  in  an  action 
under  the  provisions  of  section  one  hundred  and  twenty-seven 
for  a  personal  injury  to  an  employee,  in  which  no  damages  for 
his  death  are  awarded  under  the  provisions  of  section  one  hundred 
and  twenty-eight  shall  not  exceed  four  thousand  dollars. 

The  amount  of  damages  which  may  be  awarded  in  such  action, 
if  damages  for  his  death  are  awarded  under  the  provisions  of 
section  one  hundred  and  twenty-eight  shall  not  exceed  five  thou- 
sand dollars  for  both  the  injury  and  the  death,  and  shall  be  ap- 
portioned by  the  jury  between  the  legal  representatives  of  the 
employee  and  the  persons  who  would  have  been  entitled  under 
the  provisions  of  section  one  hundred  and  twenty-nine  to  bring 
an  action  for  his  death  if  it  had  been  instantaneous  or  without 
conscious  suffering. 

The  amount  of  damages  which  may  be  awarded  in  an  action 
brought  under  the  provisions  of  section  one  hundred  and  twenty- 
nine  shall  not  be  less  than  five  hundred  nor  more  than  five  thou- 
sand dollars. 

SECTION  132.  No  action  for  the  recovery  of  damages  for  in- 
jury or  death  under  the  provisions  of  the  five  preceding  sections 
shall  be  maintained  unless  notice  of  the  time,  place  and  cause 
of  the  injury  is  given  to  the  employer  within  sixty  days,  and 
the  action  is  commenced  within  one  year,  after  the  accident  which 
causes  the  injury  or  death.  Such  notice  shall  be  in  writing, 
signed  by  the  person  injured  or  by  a  person  in  his  behalf.  [ ;  but] 
//  the  person  injured  dies  within  the  time  required  for  giving 
the  notice  his  executor  or  administrator  may  give  such  notice 
within  sixty  days  after  his  appointment.  If  from  physical  or 
mental  incapacity  it  is  impossible  for  the  person  injured  to  give 
the  notice  within  the  time  provided  in  this  section,  he  may  give 
it  within  ten  days  after  such  incapacity  has  been  removed,  and  if 
he  dies  [without  having  given  notice  and  without  having  been  for 
ten  days  at  any  time  after  his  injury  of  sufficient  capacity  to 
give  it]  within  said  ten  days  his  executor  or  administrator  may 
give  such  notice  within  sixty  days  after  his  appointment.  A  notice 
given  under  the  provisions  of  this  section  shall  not  be  held  invalid 


GAS  AND   ELECTRIC  LIGHT  COMPANIES.  51 

or  insufficient  solely  by  reason  of  an  inaccuracy  in  stating  the 
time,  place  or  cause  of  the  injury  if  it  is  shown  that  there  was 
no  intention  to  mislead,  and  that  the  employer  was  not  in  fact 
misled  thereby. 

SECTION  133.     If  an  employer  enters  into  a  contract,  written  Liability  of 
or  verbal,  with  an  independent  contractor  to  do  a  part  of  such  tx^the  em^er 
employer's  work,  or  if  such  contractor  enters  into  a  contract  with  SStractoror 
a  sub-contractor  to  do  all  or  any  part  of  the  work  comprised  f^L^o?,040^ 
in  such  contractor's  work  with  the  employer,  such  contract  or  *  76- 
sub-contract  shall  not  bar  the  liability  of  the  employer  for  in- 
juries  to   the   employees   of   such    contractor   or   sub-contractor 
caused  by  any  defect  in  the  condition  of  the  ways,  works,  ma- 
chinery or  plant,  if  they  are  the  property  of  the  employer  or  are 
furnished  by  him  and  if  such  defect  arose,  or  had  not  been  dis- 
covered or  remedied,  through  the  negligence  of  the  employer  or 
of  some  person  entrusted  by  him  with  the  duty  of  seeing  that 
they  were  in  proper  condition. 

SECTION  134.     An  employee  or  his  legal  representatives  shall  Employer 
not  be  entitled  under  the  provisions  of  sections  one  hundred  and  when, 
twenty-seven   to  one  hundred  and  thirty-one,  inclusive,   to  any   §77.' 
right  of  action  for  damages  to  his  employer  if  such  employee 
knew  of  the  defect  or  negligence  which  caused  the  injury,  and 
failed  within  a  reasonable  time  to  give,  or  cause  to  be  given,  in- 
formation thereof  to  the  employer,  or  to  some  person  superior 
to  himself  in  the  service  of  the  employer  who  was  entrusted  with 
general  superintendence. 

SECTION  135.  An  employer  who  shall  have  contributed  to  an  Evidence  in 
insurance  fund  created  and  maintained  for  the  mutual  purpose  damages, 
of  indemnifying  an  employee  for  personal  injuries  for  which  J^g' 106' 
compensation  may  be  recovered  under  the  provisions  of  sections 
one  hundred  and  twenty-seven  to  one  hundred  and  thirty-one, 
inclusive,  of  this  act  or  to  any  relief  society  formed  under  the 
provisions  of  sections  seventeen,  eighteen  and  nineteen  of  chapter 
one  hundred  and  twenty-five  of  the  Revised  Laws,  or  under  the 
provisions  of  sections  forty-six,  forty-seven  and  forty-eight  of 
Part  I  of  chapter  four  hundred  and  sixty-three  of  the  acts  of 
the  year  nineteen  hundred  and  six,  may  prove  in  mitigation  of 
the  damages  recoverable  by  an  employee  under  the  provisions 
of  said  sections,  such  proportion  of  the  pecuniary  benefit  which 
has  been  received  by  such  employee  from  any  such  fund  or 
society  on  account  of  such  contribution  of  said  employer  as  the 
contribution  of  such  employer  to  such  fund  or  society  bears  to 
the  whole  contribution  thereto. 


52 


GAS  AND  ELECTRIC   LIGHT  COMPANIES. 


Plans  of 
compensation 
for  injured 
employees. 
1908,  489, 
§§  1,2. 


Form  of 
agreement 
and  method 
of  signing. 
1908,  489, 
§3. 


Agreement  to 
plan  to  be 
voluntary. 
Duration. 
1908,  489, 
§§4,5. 


Employees, 
certain,  to 
submit  to 
board  of 
conciliation, 
etc.,  a  plan  of 
compensa- 
tion, etc. 

1908,  489. 

1909,  211. 


SECTION  136.  An  employer  of  labor  may  submit  to  the  state 
board  of  conciliation  and  arbitration  a  plan  of  compensation  for 
employees  in  his  employ,  providing  for  payments  to  them  in  the 
event  of  injury  in  the  course  of  their  employment,  based  upon  a 
certain  percentage  of  their  average  earnings,  and  without  refer- 
ence to  legal  liability  under  the  common  law  of  the  employers' 
liability  act.  After  examination  of  such  plan  of  compensation, 
and  a  public  hearing  thereon  after  public  notice  thereof,  said 
board  may,  if  it  considers  the  plan  fair  and  just  to  the  employee, 
give  its  approval  thereof  by  its  certificate  attached  thereto;  and, 
thereafter,  the  employer  may  enter  into  a  contract  with  his  em- 
ployees by  which  they  shall  release  him  from  liability  in  case  of 
injury  in  the  course  of  said  employment  and  accept  in  lieu  thereof 
the  compensation  provided  in  said  plan. 

SECTION  137.  Either  parent  or  the  guardian  of  any  minor 
employee  may  agree  to  said  plan  of  compensation  in  behalf  of  the 
minor.  Such  agreement  shall  be  in  writing  signed  by  the  em- 
ployee, or,  in  the  case  of  a  minor  employee,  by  either  parent  or 
the  guardian,  in  the  presence  of  two  witnesses,  of  whom  one  shall 
be  an  employee  at  the  time  of  such  signature. 

SECTION  138.  No  employer  shall  require  as  a  condition  of  em- 
ployment that  any  employee  shall  assent  to  any  plan  of  compen- 
sation or  in  any  way  waive  his  legal  right  to  recover  damages  for 
an  injury  outside  the  provisions  of  such  plan,  and  no  contract 
under  such  plan  of  compensation  shall  be  binding  for  more  than 
one  year  from  the  date  thereof. 

SECTION  139.  The  employees  of  any  employer  of  labor,  num- 
bering at  least  ten  per  cent  of  those  regularly  employed  during 
the  preceding  year,  may  submit  to  the  state  board  of  conciliation 
and  arbitration  a  plan  of  compensation  such  as  is  described  in 
section  one  hundred  and  thirty-six  of  this  act.  Such  plan  shall 
be  referred  to  the  employer,  and  in  case  no  agreement  between 
the  employer  and  the  employees  is  reached  within  thirty  days  and 
reported  to  said  board,  then  after  examination  of  the  said  plan 
of  compensation,  and  a  public  hearing  thereon  after  public  notice 
thereof,  the  board  of  conciliation  and  arbitration  may,  if  it  con- 
siders the  same  fair  and  just  to  the  employer  and  employees, 
recommend  to  the  employer,  the  adoption  of  the  same.  Upon 
notice  of  acceptance  of  the  plan  duly  filed  by  the  employer  the 
plan  shall  be  deemed  to  be  in  force  precisely  as  if  it  had  been 
submitted  and  approved  under  the  provisions  of  the  preceding 
sections  of  this  act. 


GAS  AND  ELECTRIC   LIGHT  COMPANIES.  53 

SECTION  140.     Except  as  provided  in  the  four  preceding  sec-  Contracts  for 

tions,  no  person  shall,  by  a  special  contract  with  his  employees,  of  employer 

exempt  himself  from  liability  which  he  may  be  under  to  them  for  f£??n/ury,lty 

injuries  suffered  by  them  in  their  employment  and  resulting  from  B.rLdio6, 

the  negligence  of  the  employer  or  of  a  person  in  his  employ.  f  g1^  489>  §  6 

SECTION  141.    A  justice  of  the  superior  court  may,  upon  peti- 


tion  setting  forth  in  ordinary  language  that  the  servant  or  em-  employees. 
ployee  of  a  certain  firm,  person,  corporation  or  association  has  1  '°8'  380' 
been  injured  in  the  course  of  his  employment,  through  some 
defect  in  the  ways,  works  or  machinery  owned  or  used  by  the 
employer,  and  that  it  is  necessary  in  order  to  protect  the  interests 
of  the  injured  person  that  an  examination  should  be  made  of  the 
ways,  works  or  machinery  through  whose  defect  the  injury  oc- 
curred, and  after  such  notice  to  the  employer  as  any  justice  of 
said  court  may  direct  or  approve,  and  a  hearing,  grant  an  order 
directing  the  employer  or  person  in  control  of  such  ways,  works 
or  machinery  to  permit  the  person  named  in  said  order  to  make 
such  examination,  under  such  conditions  as  shall  be  set  forth  in 
the  order. 

SECTION  144.  All  manufacturers,  manufacturing  corporations  Report  of 
and  proprietors  of  mercantile  establishments  shall  forthwith  employees. 
send  to  the  chief  of  the  district  police  a  written  notice  of  any  acci-  §  17.' 
dent  to  an  employee  while  at  work  in  any  factory,  manufacturing 
or  mercantile  establishment  operated  by  them,  if  the  accident 
results  in  the  death  of  said  employee  or  in  such  bodily  injury  as 
to  prevent  him  from  returning  to  his  work  within  four  days  there- 
after. The  chief  of  the  district  police  shall  forthwith  transmit 
to  the  sender  of  such  notice  a  written  or  printed  acknowledgment 
of  the  receipt  thereof,  and  he  shall  keep  a  record  of  all  accidents 
so  reported  to  him,  of  the  name  of  the  person  injured,  of  the  city 
or  town  in  which  the  accident  occurred  and  the  cause  thereof, 
and  shall  include  an  abstract  of  said  record  in  his  annual  report. 
Whoever  fails  to  send  notice  of  an  accident  as  required  by  this 
section  shall  be  punished  by  a  fine  of  not  more  than  twenty  dol- 
lars. 

Acts  of  1910,  Chapter  445. 
An  Act  to  Regulate  Advertisements   and  Solicitations  for  Em- 

ployees during  Strikes,  Lockouts  or  Other  Labor  Disputes. 

SECTION  1.    If  an  employer,  during  the  continuance  of  a  strike  Advertisement 

for  employees 

among  his  employees,  or  during  the  continuance  01  a  lockout  or  during 
other  labor  trouble  among  his  employees,  publicly  advertises  in 
newspapers,  or  by  posters  or  otherwise,  for  employees,  or  by 


54 


GAS  AND   ELECTRIC   LIGHT  COMPANIES. 


Penalty. 


himself  or  his  agents  solicits  persons  to  work  for  him  to  fill  the 
places  of  strikers  he  shall  plainly  and  explicitly  mention  in  such 
advertisements  or  oral  or  written  solicitations  that  a  strike,  lock- 
out or  other  labor  disturbance  exists. 

SECTION  2.  If  any  person,  firm,  association  or  corporation 
violates  any  provision  of  this  act,  he  or  it  shall  be  punished  by  a 
fine  not  exceeding  one  hundred  dollars  for  each  offence.  [Ap- 
proved April  25,  1910. 


Employers  and 
employees 
may  establish 
co-operative 
retirement 
systems,  etc. 


By-law  to  be 
approved  by 
the  insurance 
commissioner, 
etc. 


Acts  of  1910,  Chapter  559. 

An  Act  to  authorize  Employers  and  Employees  to  Establish  Co 
operative  Retirement,  Annuity  or  Pension  Systems. 

SECTION  1.  Employees,  officers  and  agents  of  any  corporation, 
firm  or  individual,  and  the  corporation,  firm  or  individual  by  which 
they  are  employed,  are  hereby  authorized  to  form  an  association 
for  the  purpose  of  providing  annuities,  pensions  or  endowments 
for  employees  retiring  from  their  employment  on  account  of 
age,  under  a  system  by  which  the  participating  employees  con- 
tribute to  the  funds  of  the  association  a  percentage  or  portion 
of  their  salaries  or  wages  as  fixed  by  the  by-laws  of  the  associa- 
tion, to  be  deducted  by  the  employer  and  paid  to  the  association, 
and  the  employer  contributes  to  the  funds  of  the  association  in 
the  manner  and  to  the  extent  fixed  in  said  by-laws.  The  funds 
so  provided  shall  be  held  by  trustees  independently  of  other 
funds  of  the  employer,  for  the  purchase  or  payment  of  annuities, 
pensions  or  endowments  to  participating  employees  upon  their 
retirement  from  service  on  account  of  age,  for  the  payments  to 
the  representatives  or  appointees  of  any  participator  dying  before 
reaching  the  age  of  retirement,  for  the  payment  to  any  participa- 
tor retiring  from  service  before  becoming  entitled  to  a  pension 
or  annuity  and  for  the  payment  of  the  expenses  of  administra- 
tion. An  association  formed  under  the  authority  of  this  act 
shall  not  be  subject  to  the  provisions  of  chapter  five  hundred  and 
seventy-six  of  the  acts  of  the  year  nineteen  hundred  and  seven, 
or  to  such  other  provisions  of  law  as  relate  to  insurance  companies 
or  associations,  except  as  herein  provided. 

SECTION  2.  The  by-laws  of  every  such  association  shall  be 
approved  by  the  insurance  commissioner,  and  shall  prescribe  the 
manner  in  which  and  the  officers  and  agents  by  whom  the  pur- 
pose of  the  association  may  be  carried  out  and  the  manner  in 
which  its  funds  may  be  invested  and  paid  out.  Such  association 
shall  be  deemed  to  be  formed  when  its  by-laws  have  been  approved 
and  agreed  to  by  the  employer  and  by  the  employees  by  vote  of 


GAS  AND  ELECTRIC   LIGHT  COMPANIES.  55 

two  thirds  of  all  employees  present  and  voting  at  a  meeting  called 

by  the  employer  for  the  purpose,  and  have  been  approved  by 

said  commissioner.    Such  association  shall  annually,  on  or  before  Annual  report. 

the  first  day  of  February,  report  to  the  insurance  commissioner 

such  statements  of  its  membership  and  financial  transactions  for 

the  year  ending  on  the  preceding  thirty-first  day  of  December 

as  the  commissioner  may  consider  necessary  to  show  its  business 

and  standing.     Said  commissioner  may  verify  such  statement  by 

an  examination  of  the  books  and  papers  of  the  association;  and 

whoever,  having  charge   or  custody  of  said  books  and  papers, 

neglects  to  comply  with  the  provisions  of  this  section  shall  be 

punished  by  a  fine  of  not  more  than  five  hundred  dollars. 

SECTION  3.     The  property  of  every  such  association,  and  the  Exempt  from 

„  ,  -,-,,,  taxation,  etc. 

portion  of  the  wrages  or  salary  of  an  employee  deducted  or  to 
be  deducted  under  this  act,  the  right  of  an  employee  to  an  an- 
nuity, pension  or  endowment,  and  all  his  rights  in  the  funds  of 
the  association,  shall  be  exempt  from  taxation  and  from  the 
operation  of  any  law  relating  to  bankruptcy  or  insolvency,  and 
shall  not  be  liable  to  attachment  by  trustee  process  or  be  liable 
to  be  taken  on  execution  or  on  any  other  process  legal  or  equi- 
table to  satisfy  any  debt  or  liability  of  the  employer  or  of  any 
member  of  the  association. 

SECTION  4.    This  act  shall  take  effect  upon  its  passage.     [Ap- 
proved May  26,  1910. 

Acts  of  1907,  Chapter  B81,  $§  3,  4,  5. 

An  Act  to  prohibit  the  Publication  of  Unsigned  Political  Ad- 
vertisements and  the  making,  by  certain  Corporations,  of 
Political  Contributions. 

SECTION  3.    No  corporation  carrying  on  the  business  of  a  bank,   Certain 

.     ,  „      ,  -i-i  ,     corporations 

trust,  surety,  indemnity,  safe  deposit,  insurance,  railroad,  street  prohibited 
railway,   telegraph,   telephone,   gas,   electric   light,   heat,   power,  poitica?  con? 
canal,  aqueduct,  or  water  company,  or  any  company  having  the 
right  to  take  or  condemn  land  or  to  exercise  franchises  in  public  483- 
ways  granted  by  the  Commonwealth  or  by  any  county,  city  or 
town,  and  no  trustee  or  trustees  owning  or  holding  the  majority 
of    the  stock  of  such  a  corporation,  shall  pay  or  contribute  in 
order  to  aid,  promote,  or  prevent  the  nomination  or  election  of 
any  person  to  public  office,  or  in  order  to  aid,  promote  or  an- 
tagonize the  interests  of  any  political  party,  or  to  influence  or 
affect  the  vote  on  any  question  submitted  to  the  voters.    No  per- 
son shall  solicit  or  receive  such  payment  or  contribution  from  such 
corporation  or  such  holders  of  stock. 


56 

Penalty. 


When  to 
take  effect. 


GAS  AND  ELECTRIC   LIGHT  COMPANIES. 

SECTION  4.  Any  corporation  which  violates  any  provision  of 
this  act  shall  be  punished  by  a  fine  of  not  more  than  ten  thousand 
dollars,  and  any  officer,  director  or  agent  of  a  corporation  violat- 
ing any  provision  of  this  act,  who  authorized  such  violation,  or 
any  person  who  violates,  or  in  any  way  knowingly  aids  or  abets 
the  violation  of,  any  provision  of  this  act,  shall  be  punished  by  a 
fine  of  not  more  than  one  thousand  dollars,  or  by  imprisonment 
for  not  more  than  one  year. 

SECTION  5.  This  act  shall  take  effect  on  the  first  day  of 
October  in  the  year  nineteen  hundred  and  seven.  [Approved 
June  28,  1907. 


Sale  of  coke 
and  charcoal. 
1901,  423, 
§  1. 

Substitute. 
1908,  205, 
11. 


Sale  of  coke 
and  charcoal. 
1908,  205, 
II. 


Baskets  and 
bags,  capacity 
and  sealing. 
1901,  423, 
§2. 

Amended. 
1908,  205, 
§  2. 

1909,424, 
§  1. 


Revised  Laws,  Chapter  57,  §§  86  to  93  inclusive. 

[SECTION  86.  Coke  in  quantities  of  less  than  one  hundred 
pounds,  and  charcoal  in  any  quantities,  shall  be  sold  only  by  bas- 
kets or  in  bags,  and  when  sold  by  baskets  shall  be  kept,  until 
delivered,  in  the  same  baskets  in  which  the  goods  are  measured. 
Coke  sold  in  quantities  of  one  hundred  pounds  or  more  shall  be 
sold  only  by  baskets  or  by  weight.] 

Section  86.  Coke  in  quantities  of  less  than  one  hundred  pounds, 
and  charcoal  in  any  quantities,  shall  be  sold  by  weight  or  by 
measure,  and  shall  be  kept  until  delivered  in  the  same  bags  or 
baskets  in  which  the  goods  are  weighed  or  measured,  and  coke 
and  charcoal  thus  sold  shall  be  exempt  from  the  provisions  of 
section  eighty-eight  of  this  chapter.  When  sold  by  weight,  such 
bags  or  baskets  shall  be  plainly  marked  with  the  name  of  the 
person  who  puts  up  the  same  and  the  weight  of  the  coke  or  char- 
coal therein,  the  words  so  marked  being  in  solid  Roman  capital 
letters,  at  least  one  inch  in  height.  Coke  sold  in  quantities  of  one 
hundred  pounds  or  more  shall  be  sold  only  by  weight. 

SECTION  87.  Baskets  used  in  selling  coke  or  charcoal  by 
measure  shall  be  of  the  capacity  of  two  bushels,  of  one  bushel,  or 
of  one  half  bushel,  Massachusetts  standard  dry  measure.  They 
shall  be  sealed,  and  their  capacity  plainly  marked  thereon  by  a 
sealer  of  weights  and  measures  of  the  city  or  town  in  which  the 
person  using  them  resides  or  does  business,  and  shall  be  filled 
level  full.  Bags  of  coke  or  charcoal,  or  unpacked  kindling  wood 
not  exceeding  six  inches  in  length  sold  or  offered  for  sale  by 
measure  shall  contain,  and  shall  be  sold  as  containing,  one  half 
bushel,  dry  measure,  standard  aforesaid,  of  said  goods,  and  shall 
be  plainly  marked  with  the  name  of  the  person  who  puts  up  the 
same,  and  the  words  in  capital  letters,  each  at  least  one  inch  in 


GAS  AND  ELECTRIC  LIGHT  COMPANIES.  57 

height,  —  "  ONE  HALF  BUSHEL,"  —  and  kindling  wood  may 
be  sold  in  bundles  not  less  than  twenty-seven  inches  in  circum- 
ference: provided,  that  the  wood  shall  be  cut  not  less  than  two 
and  one  quarter  inches  long. 

SECTION  88.     Whoever  sells  coke,  charcoal  or  coal  by  weight  Weighing  and 
shall  without  cost  to  the  purchaser  cause  the  goods  to  be  weighed  1901,  423', 
by  a  sworn  weigher  of  the  city  or  town  in  which  they  are  [sold]   Amended. 
weighed  and  shall  cause  a  certificate  stating  the  name  and  place  \9£2'  453> 
of  business  of  the  seller,  and  either  the  identifying  number,  of  1910'  219' 
which  a  permanent  record  shall  be  kept,  or,  the  name  of  the  per-   §  1- 
son  taking  charge  of  the  goods  after  the  weighing,  as  given  to  the 
weigher  on  his  request,  the  tare  weight  and  the  quantity  of  the 
goods,  to  be  signed  by  the  weigher.    Such  certificate  shall  be  given 
to  said  person  and  shall  by  him  be  given  only  to  the  owner  of  the 
goods  or  his  agent  when  he  unloads  the  same;  and  every  such 
person,  owner  or  agent  shall,  on   request  and  without  charge, 
therefor,  permit  any  sealer  of  weights  and  measures  of  any  city 
or  town  to  examine  the  certificate  and  to  make  a  copy  thereof. 

SECTION  89.     A  sealer  of  weights  and  measures  -of  a  city  or  Sealer  may 
town  in  which  any  quantity  of  coke,  charcoal,  or  coal  for  delivery  txTbe  e°m 
is  found  may,  in  his  discretion,  direct  the  person  in  charge  of  the  JfJi,  423, 
goods  to  convey  the  same  without  delay  or  charge  to  scales  desig-  \mended 
nated  by  such  sealer,  who  shall  there  determine  the  quantity  of  the  *9°*>  453> 
goods,  and,  if  they  are  not  in  baskets  or  bags,  shall  determine  idio,  219, 
their  weight  [with  the  weight  of  the  vehicle  in  which  they  are 
carried],  with  the  tare  weight,  and  shall  direct  said  person  to 
return  to  such  scales  forthwith  after  unloading  the  goods;  and 
upon  such  return,  the  sealer  shall  [weigh  the  vehicle]  determine 
the  tare  weight.    The  scales  designated  by  the  sealer  as  aforesaid 
may  be  the  public  scales  of  the  city  or  town  or  any  other  scales 
therein  which  have  been  duly  tested  and  sealed,  and  shall  be  such 
scales  as  are  in  his  judgment  the  most  convenient  of  those  avail- 
able. 

SECTION  90.     A  sealer  of  weights  and  measures  of  a  city  or  Record  to  be 
town  and  a  sworn  weigher  shall  keep  in  a  book  used  by  him  solely  weights  and 


for  that  purpose  a  record  of  all  baskets  sealed  by  him  as  afore- 
said,  and  of  all  weighings  and  determinations  of  quantities  of  coke,  §  5> 
charcoal  or  coal  made  by  him  as  aforesaid.  Such  record  shall  be 
made  at  the  time  of  measuring  or  weighing,  and  shall  state  the 
day  and  hour  of  the  measuring  or  weighing,  the  name  and  place 
of  business  of  the  seller  of  the  goods,  the  name  of  the  owner  of 
the  baskets  or  of  the  purchaser  of  the  goods  as  given  to  him  on 


58 


GAS  AND  ELECTRIC  LIGHT  COMPANIES. 


Penalty. 
1901,  423, 
§  6. 

Amended. 
1902,453, 
§4. 


—  for  having 
illegal  coal, 
etc.,  measures. 
1758-9,  16, 
§  6. 

1772-3,  8, 
§§6-8. 

1833,  193,  §  2. 
R.  S.  28, 
§  208. 

1852,  302,  §  1. 

1853,  305,  §  3. 
1859,  250, 

§§  1,2. 

Seizure  of 
illegal 
measures ; 
arrest,  etc. 
1758-9,  16, 
§  7. 

1772-3,  8, 
§  8. 

1796,  67,  §  6. 
R.  S.  28, 
§  206. 

1852,  302,  §  2 

1853,  305,  §  4 
1859,  250, 

§§  1,2. 

G.  S.  49, 

§  194. 

P.  S.  60,  §  88. 


Dealers  in 
coal  and 
coke  to  be 
licensed. 


his  request  by  the  person  taking  charge  of  the  baskets  or  goods 
after  weighing  or  measuring,  the  capacity  of  the  baskets  measured 
or  quantity  of  goods  determined,  and  the  name  of  said  person, 
and,  in  the  case  of  a  re-weighing  as  aforesaid,  shall  state  the 
weight  as  given  in  the  certificate  and  as  determined  by  him.  No 
charge  shall  be  made  by  any  such  sealer  for  anything  done  under 
the  provisions  of  this  and  the  two  preceding  sections. 

SECTION  91.  Whoever  violates  any  provision  of  the  seven  pre- 
ceding sections  or  fails  to  comply  with  any  request  for  informa- 
tion or  direction  made  under  authority  thereof,  or  gives  a  false 
answer  to  any  -  such  request,  shall  for  each  offence  be  punished 
by  a  fine  of  not  more  than  fifty  dollars;  and  whoever  shall  be 
guilty  of  any  fraud  or  deceit  relative  to  the  weighing,  selling  or 
delivering  of  coke,  charcoal  or  coal,  shall  for  each  offence  be 
punished  by  a  fine  of  not  more  than  one  hundred  dollars.  Sealers 
of  weights  and  measures  shall  cause  the  provisions  of  the  seven 
preceding  sections  to  be  enforced  in  their  respective  cities  and 
towns. 

SECTION  92.  A  vendor  of  coal,  coke  or  charcoal  who  has  in 
his  possession  a  basket,  bag  or  other  measure  which  does  not  con- 
form in  every  particular  to  the  requirements  respecting  it,  with 
intent  to  use  or  permit  it  to  be  used  in  measuring  coal,  coke  or 
charcoal  sold  or  offered  for  sale,  shall  be  punished  by  a  fine  of 
not  more  than  twenty  dollars,  and  such  basket,  bag  or  measure 
shall  be  destroyed.  Q.  S.  49,  §  193.  P.  S.  60,  §  87. 

1883,  218,  §  2.  1884,  70.  1894,  429,  §  4. 

SECTION  93.  The  mayor  and  aldermen  of  a  city  or  the  select- 
men of  a  town  shall  appoint  one  or  more  persons  whose  duty  it 
shall  be  to  seize  all  baskets,  bags  or  measures  used  or  intended 
to  be  used  for  measuring  coal,  coke  or  charcoal,  which  do  not 
conform  to  the  foregoing  provisions,  to  arrest  without  warrant 
any  person  who  has  in  his  possession  such  baskets,  bags  or  meas- 
ures and  to  prosecute  him  under  the  provisions  of  the  preceding 
section.  The  tribunal  by  which  he  is  convicted  shall  order  said 
baskets,  bags  and  measures  to  be  destroyed. 

Acts  of  1903,  Chapter  481. 

An  Act  to  provide  for  Licensing  Dealers  in  Coal  and  Coke. 

SECTION  1.  It  shall  be  unlawful  for  any  person,  firm  or  corpo- 
ration to  engage  in  or  carry  on  the  business  of  selling  coal  or 
coke,  as  principal  or  agent,  in  any  city  or  town,  at  wholesale  or 
retail,  either  by  maintaining  a  place  of  business  or  by  peddling 


GAS  AND  ELECTRIC   LIGHT  COMPANIES.  59 

the  same  from  house  to  house,  or  otherwise,  without  first  obtain- 
ing a  license  so  to  do  from  the  secretary  of  the  Commonwealth. 

[SECTION  2.     Such  licenses  shall  be  granted,  by  the  secretary  Licenses  to  be 
of  the  Commonwealth  for  such  periods  and  upon  the  payment  of  secretary  of  e 
such  fees,  not  exceeding  five  dollars,  and  upon  such  conditions  monweaith 
and  terms  as  may  be  prescribed  in  cities  by  ordinance  and  in  f/J|a^ 
towns  by  by-laws.]  §  •*• 

Section  2.     The  said  license  may  be  granted  ~by  the  secretary  Licenses  to  be 
of  the  Commonwealth  for  such  period,  and  upon  such  conditions  Secretary  If6 
and  terms  as  may  be  prescribed  in  cities  by  ordinance  and  in 


towns  by  by-laws,  and  upon  the  payment  of  such  fees,  not  ex-  \9°6'  434> 
ceeding  one  dollar  for  each  year  of  its  continuance  ,  as  may  be 
prescribed  by  the  secretary. 

[SECTION  3.     The  said  licenses  may  be  suspended  or  revoked  Licenses 
at  any  time  by  the  secretary  of  the  Commonwealth,  after  a  fair  suspended  or 
hearing  given  to  the  licensee,  for  using  false  weights  and  meas-  Repealed. 
ures,  for  charging  extortionate  prices,  for  conspiring,  combining  §  2.  ' 
unlawfully  with  other  persons,  or  unlawfully  discriminating  in 
the  conduct  of  said  business,  or  for  any  other  just  and  sufficient 
reason.] 

Section  3.     The  said  licenses  may  be  suspended  or  revoked  at  Licenses 
any  time  by  any  justice  of  the  superior  court  }  after  due  hearing,  suspended  or 
upon  complaint  in  such  form  as  he  may  require,  for  using  false  looe,  434, 
weights  or  measures,  for  charging  exorbitant  or  excessive  prices, 
for  conspiring,  combining  unlawfully  with  other  persons,  or  un- 
lawfully discriminating  in  the  conduct  of  said  business,  or  for 
any  other  just  and  sufficient  reason. 

[SECTION  4.    Any  licensee  aggrieved  by  the  suspension  or  rev-  Licensees  ag- 
ocation  of  his  license  may  appeal  to  any  justice  of  the  superior  appeal  to  a 
court  who  shall  hear  the  parties  as  soon  as  may  be,  and  whose  the  superior 
decision   sustaining,   modifying   or   annulling   the   action   of   the  jSpaated.' 
licensing  authority  shall  be  final  and  binding  upon  all  parties.  ™°6>434> 
Pending  such  appeal  and  a  decision  thereon  the  license  shall  con- 
tinue in  force.] 

SECTION  5.     It  shall  be  the  duty  of  any  licensee  as  aforesaid  ~" 
to  give  public  notice  that  he  holds  the  license  by  displaying  the  etc. 
word  "License",  and  the  number  of  his  license  at  his  place  of 
business  and  on  all  vehicles  employed  by  him  in  his  business  and 
in  such  other  manner  as  the  licensing  authority  may  direct.     It 
shall  be  unlawful  for  any  such  persons,  firms  or  corporations  not 
so  licensed  to  designate  themselves  as  licensed  or  to  use  the  word 
"  licensed  "  upon  any  vehicle  or  in  any  place. 


60 


GAS  AND   ELECTRIC   LIGHT  COMPANIES. 


Penalty.  SECTION  6.     Whoever  violates  any  provision  of  this  act  shall 

be  punished  by  fine  of  not  more  than  fifty  dollars  or  by  imprison- 
ment for  a  term  not  exceeding  six  months,  or  by  both  such  fine 
and  imprisonment.  [Approved  June  26,  1903. 


Certain 
business  not 
prohibited. 

1886,  82. 

1887,  391, 
§2. 
1893,  41. 


Certain  work 
may  be  per- 
formed on 
the  Lord's 
Day. 


Certain  pro- 
visions of 
law  not  to 
apply. 


Revised  Laws,  Chapter  98,  §  3. 
Of  the  Observance  of  the  Lord's  Day. 

SECTION  3.  The  provisions  of  the  preceding  section  shall  not 
be  held  to  prohibit  the  manufacture  and  distribution  of  steam, 
gas  or  electricity  for  illuminating  purposes,  heat  or  motive 
power,  .  .  . 


1895,  434,  §  2. 

1900,  440. 

1901,  80. 


145  Mass.  430. 
149  Mass.  68. 
176  Mass.  5,  104. 


Amended, 
1902,  414. 
1908,  126,  273. 


Affected. 

1909,  423,  577. 

1910,  514,  §  52. 


Acts  of  1909,  Chapter  420. 
An  Act  relative  to  the  Performance  of  Work  on  the  Lord's  Day. 

SECTION  1.  The  police  commissioner  of  the  city  of  Boston,  or 
any  member  of  the  police  department  having  a  rank  not  lower 
than  that  of  captain  and  designated  by  said  commissioner,  or  the 
chief  of  police  of  any  other  city  or  of  any  town,  upon  such  terms 
and  conditions  as  he  deems  reasonable  may  issue  a  permit  for 
the  performance  on  the  Lord's  day  of  necessary  work  or  labor 
which,  in  his  judgment,  could  not  be  performed  on  any  other 
day  without  serious  suffering,  loss,  damage,  or  public  inconven- 
ience. Such  permit  shall  cover  not  more  than  one  day  and  shall 
be  issued  not  more  than  six  days  prior  to  the  day  for  which  it  is 
issued. 

SECTION  2.  The  provisions  of  section  two  of  chapter  ninety- 
eight  of  the  Revised  Laws  shall  not  apply  to  any  person  working 
under,  and  complying  with,  the  provisions  of  a  permit  granted 
a«  aforesaid. 

SECTION  3.  This  act  shall  take  effect  upon  its  passage.  [Ap- 
proved May  21,  1909. 


MUNICIPAL  LIGHTING  PLANTS.  61 


CHAPTER  34. 

OF  THE  MANUFACTURE  AND  DISTRIBUTION  OF  GAS 
AND  ELECTRICITY  BY  CITIES  AND  TOWNS. 

SECTION  1.    A  city  or  town  may,  in  accordance  with  the  Cities  and 
provisions  of  this  chapter,  construct,  purchase  or  lease,  and  inT^ufa'cture, 
maintain  within  its  limits,  one  or  more  plants  for  the  eiectncitynd 
manufacture  or  distribution  of  gas  or  electricity  for  fur-  if  94]  f  33; §  1- 
nishing  light  for  municipal  use,  or  light,  heat  or  power,  }f  3  Mass' 1*9' 
except  for  the  operation  of  electric  cars,  for  the  use  of  its  Jjjj  Mass,  eoi,' 
inhabitants.    Such  plants  may  include  suitable  land,  struc-  i63'Mass.346. 

,  -,  .        r  n       .S  11-  See  as  to 

tures  and  machinery  and  other  apparatus  and  appliances  street  raii- 
f or  manufacturing,  using  and  distributing  gas  or  electricity  ™638,'in°,6' 
for  said  purposes. 

SECTION  2.    A  city  shall  not  acquire  such  a  plant  until 
it  has  been  so  authorized  by  a  vote  of  two-thirds  of  each 
branch  of  its  city  council  passed  in  each  of  two  consecutive  §  2.  ' 
municipal  years  and  thereafter  ratified  by  a  majority  of  §  7.  ' 
the  voters  at  an  annual  or  special  city  election.     If  such 
a  vote  is  not  ratified,  no  similar  vote  shall  be  submitted  for 
ratification  within  one  year  thereafter.     Such  vote  of  the 
city  council  shall  be  subject  to  the  approval  or  veto  of  the 
mayor. 

SECTION  3.    A  town  shall  not  acquire  such  a  plant  until 
it  has  been  so  authorized  by  a  vote  of  two-thirds  of  the  §3-,,      q.R 

47  Xoo  iviass.  o*±o. 

voters,  taken  by  ballot  with  the  use  of  the  voting  list,  at 
each  of  two  town  meetings  called  for  the  purpose  and  held 
at  intervals  of  not  less  than  two  nor  more  than  thirteen 
months.  If  such  vote  fails  of  passage  at  the  second  meet- 
ing no  similar  vote  shall  be  passed  within  two  years  there- 
after. 

SECTION  4.     After  a  city  or  town  has  voted  under  the  Certification 
provisions  of  the  two  preceding  sections,  the  city  or  town  acceptance. 
clerk  shall  forthwith  transmit  to  the  board  of  gas  and  \™2' 259' 
electric  light  commissioners  a  certified  copy  of  so  much  of 
the  records  of  the  city  council  or  of  the  town  as  relates  to 
the  result  of  the  vote. 

SECTION  5.    If  a  citv  or  town  which  has  authorized  the  —  of  subse- 

...  ci  T'  i  i  iTi       quent  votes 

acquisition  of  such  a  plant  subsequently  votes  to  establish,  andordi- 
purchase,  reconstruct,  extend  or  enlarge  a  plant,  or  to  issue  1392,  259, 
bonds  on  account  of  the  same,  or  to  regulate  the  manage-  § 
ment  or  conduct  thereof,  or  to  adopt  an  ordinance  or  by- 
law relative  to  such  plant,  the  city  or  town  clerk  shall, 


62 


MUNICIPAL  LIGHTING  PLANTS. 


Penalty. 
1892,  259, 
§4. 


Cities  and 
towns  not  to 
manufacture 
or  distribute 
electricity 
for  operation 
of  cars. 

Certain  towns 
may  purchase 
electricity  for 
lighting  pur- 
poses from 
street  railway 
companies. 
1902,  449,  §  1. 
See  1906,  218. 


Delivery  of 
electricity. 
1902,  449, 
§2. 


In  case  of  dis- 
agreement, 
railroad  com- 
missioners to 
fix  price  of 
electricity. 
1902,  449, 
§3. 


within  ten  days  after  such  vote,  transmit  to  the  board 
of  gas  and  electric  light  commissioners  a  certified  copy 
thereof. 

SECTION  6,  A  city  or  town  clerk  who  fails  or  neglects 
to  comply  with  the  provisions  of  the  two  preceding  sections 
shall,  for  each  offence,  forfeit  not  more  than  twenty-five 
dollars. 

Acts  of  1906,  Chapter  463,  Part  III.,  $$  59,  60,  61,  62,  63,  155,  160. 
SECTION  59.    A  city  or  a  town  shall  not  manufacture  or  dis- 
tribute electricity  for  furnishing  light,  heat  or  power  for  the 
operation  of  the  cars  of  a  street  railway  company. 

1891,  370,  §  1.          R.  L.  34,  §  1.  153  Mass.  129.  163  Mass.  346. 

1894,  533.  150  Mass.  592.          155  Mass.  601,  605. 

SECTION  60.  A  town  in  which  no  person  or  corporation  is  en- 
gaged in  the  business  of  generating  or  distributing  electricity  for 
sale  for  lighting  purposes  and  which  is  not  itself  engaged  in  such 
business,  and  which  has  voted  or  shall  vote,  in  accordance  with 
the  provisions  of  chapter  thirty-four  of  the  Revised  Laws,  to 
construct  one  or  more  plants  for  the  manufacture  or  distribution 
of  electricity  for  furnishing  light  for  municipal  use  or  for  the  use 
of  its  inhabitants,  or  for  both  purposes,  may  make  contracts,  for 
a  term  not  exceeding  ten  years,  with  any  street  railway  company 
operating  a  street  railway  in  such  town,  for  the  purchase  of  elec- 
tricity from  such  street  railway  company,  for  the  purpose  of  fur- 
nishing light  for  municipal  use  or  for  the  use  of  its  inhabitants, 
or  for  both  purposes ;  and  any  street  railway  company  may  make 
contracts  for  furnishing  electricity  as  aforesaid  to  a  town,  but  the 
same  shall  not  become  operative  unless  the  board  of  railroad  com- 
missioners shall,  after  public  notice  and  a  hearing,  approve  the 
terms  thereof  as  consistent  with  the  public  interests. 

SECTION  61.  The  electricity  supplied  by  a  street  railway  com- 
pany to  a  town  shall  be  delivered  to  the  distributing  system  of 
said  town  at  some  specified  place  or  places  therein,  and  the  meter 
or  meters  through  which  such  electricity  is  measured  shall  be  a 
part  of  the  distributing  system. 

SECTION  62.  If  a  town  voting  to  purchase  electricity  from  a 
street  railway  company  is  unable  to  agree  with  such  company  at 
the  expiration  of  a  contract  made  in  accordance  with  the  pro- 
visions of  section  sixty  upon  the  price  to  be  paid  for  electricity 
by,  or  upon  the  manner  in  which  electricity  is  to  be  furnished  to, 
said  town  in  the  future,  such  town  through  its  selectmen  may 
apply  to  the  board  of  railroad  commissioners  to  fix  the  price 
which  said  town  shall  pay  for  said  electricity  to,  and  the  manner 


MUNICIPAL  LIGHTING  PLANTS.  63 

in  which  electricity  shall  be  furnished  by,  said  company;  and 
thereupon  the  said  board  shall  set  a  date  for  a  public  hearing 
upon  such  application,  giving  said  company  reasonable  notice 
thereof;  and  after  the  hearing  said  board  shall,  if  it  deems  the 
furnishing  of  such  electricity  consistent  with  the  interests  of  pub- 
lic travel  upon  the  railway  of  such  company,  fix  the  price  which 
said  town  shall  pay  for  electricity  to,  and  the  manner  in  which 
electricity  shall  be  furnished  by,  said  company  ;  and  said  company 
shall  thereupon  furnish  to  said  town  electricity  at  the  price  and 
in  the  manner  fixed  by  said  board. 

SECTION  63.    A  town  which  has  contracted  with  a  street  rail-  TO  be  subject 
way  company  for  the  purchase  of  electricity  shall  be  subject  to  p^ovlsi'ons  of 
the  provisions  of  chapter  thirty-four  of  the  Revised  Laws  and  of  1*902,  449, 
all  acts  in  amendment  thereof  or  in  addition  thereto,  so  far  as  the   §  4- 
same  may  be  applicable. 

SECTION  155.    Every  state  board  and  commission  shall  keep  a  Records  of 
record  of  its  proceedings  in  any  matter  considered  by  it  under  befor|dmss 
the  provisions  of  this  chapter  or  under  any  laws  affecting  street   139  8^5  73, 
railways,  in  which  it  shall  enter  every  request  made  by  any  party  R2£-  112 
before  it  for  a  ruling  of  law  and  of  its  action  upon  such  request,   §  98- 
and  the  neglect  either  to  grant  or  refuse  such  request  shall  be 
taken  in  any  judicial  review  of  such  proceedings  as  a  refusal. 

SECTION  160.  This  act  shall  not  affect  any  act  passed  in  the  Not  to  affect 
year  nineteen  hundred  and  six  unless  such  act  is  specifically  re-  uSSi?  etc*  * 
pealed  herein. 

Acts  of  1906,  Chapter  218. 

An  Act  relative  to  the  Purchase  of  Electricity  by  Towns  from 
Street  Railway  Companies. 

Section  one  of  chapter  four  hundred  and  forty-nine  of  the  1902,  449, 
acts  of  the  year  nineteen  hundred  and  two  is  hereby  amended  by  imended. 
striking  out  the  words  "  and  which  is  not  itself  engaged  in  such 
business",  in  the  third  and  fourth  lines,  and  by  inserting  after 
the  word  "  light  ",  in  the  eighth  and  fourteenth  lines,  the  words  : 
—  or  power,  —  so  as  to  read  as  follows  :  —  Section  1.     A  town  Certain  towns 

i  •  i  ,.  ,    .       .,       ,  n    may  purchase 

in  which  no  person  or  corporation  is  engaged  in  the  business  of  electricity 


generating  or  distributing  electricity  for  sale  for  lighting  pur- 
poses,  a.nd  which  has  voted  or  shall  vote,  in  accordance  with  the  Panies- 
provisions  of  chapter  thirty-four  of  the  Revised  Laws,  to  con- 
struct one  or  more  plants  for  the  manufacture  or  distribution  of 
electricity  for  furnishing  light  or  power  for  municipal  use  or 
for  the  use  of  its  inhabitants,  or  for  both  purposes,  may  make 
a  contract  or  contracts,  for  a  term  not  exceeding  ten  years,  with 
any  street  railway  company  or  companies  operating  a  street  rail- 


64 


MUNICIPAL  LIGHTING  PLANTS. 


Bonds, 
issue  of. 
1891,  370, 
§4. 

Substitute. 
1908,  341, 


Issue  of  bonds 
for  municipal 
lighting  pur- 
poses. 
1908,341, 


way  in  such  town,  for  the  purchase  of  electricity  from  such  street 
railway  company  or  companies,  for  the  purpose  of  furnishing 
light  or  power  for  municipal  use  or  for  the  use  of  its  inhabitants, 
or  for  both  purposes;  and  street  railway  companies  may  make 
contracts  for  furnishing  electricity  as  aforesaid  to  a  town,  but 
the  same  shall  not  become  operative  unless  the  board  of  railroad 
commissioners  shall,  after  a  public  hearing,  approve  the  terms 
thereof  as  consistent  with  the  public  interests.  [Approved  March 
31,  1906. 

[SECTION  7.  A  city  or  town  which  establishes,  pur- 
chases, reconstructs,  extends  or  enlarges  such  a  plant  may, 
by  a  vote  taken  as  prescribed  in  section  eight  of  chapter 
twenty-seven  issue  bonds  in  payment  of  the  same.  The 
whole  amount  of  bonds  so  issued  shall  not,  at  the  par 
value  of  such  bonds,  exceed  five  per  cent  of  the  valuation 
of  the  town  or  two  and  one-half  per  cent  of  the  valuation  of 
the  city,  according  to  the  last  preceding  state  valuation. 
Such  bonds  shall  be  payable  within  thirty  years,  shall  bear 
interest  at  a  rate  not  exceeding  five  per  cent  and  shall  not 
be  disposed  of  for  less  than  par  and  accrued  interest.  The 
indebtedness  created  by  the  issue  of  such  bonds  shall  not 
be  subject  to  the  provisions  of  chapter  twenty-seven,  except 
section  twelve  thereof.] 

Section  7.  A  city  or  town  may,  by  a  vote  taken  as  pre- 
scribed in  section  eight  of  chapter  twenty-seven,  issue  bonds 
for  the  purpose  of  establishing,  purchasing,  reconstructing, 
extending  or  enlarging  such  a  plant.  The  whole  amount  of 
bonds  so  issued  and  outstanding  at  any  one  time  shall  not, 
at  the  par  value  thereof,  exceed  five  per  cent  of  the  valua- 
tion of  the  town  or  two  and  one  half  per  cent  of  the  valua- 
tion of  the  city,  according  to  the  last  preceding  valuation 
for  the  assessment  of  taxes,  of  the  taxable  property  therein. 
In  ascertaining  the  amount  of  such  bonds  so  outstanding 
the  amount  of  the  sinking  fund  applicable  solely  to  pay- 
ment of  the  bonds  shall  be  deducted.  Such  bonds  shall  be 
payable  within  thirty  years,  shall  bear  interest  at  a  rate 
not  exceeding  five  per  cent  per  annum,  and  shall  not  be 
disposed  of  for  less  than  par  and  accrued  interest.  The 
indebtedness  created  by  the  issue  of  such  bonds  shall  not 
be  subject  to  the  provisions  of  chapter  twenty-seven,  except 
section  tiuelve  thereof. 


MUNICIPAL   LIGHTING  PLANTS.  65 


Revised  Laws,  Chapter  27,  §§  5,  8,  9,  12. 

[SECTION  5.     A  city  or  town  which  establishes,  purchases,  re-  Limit  of 
constructs,  extends  or  enlarges  a  gas  or  electric  lighting  plant  Municipal 


within  its  limits  may  incur  debt  outside  the  debt  limit  prescribed 

in  this  chapter  in  payment  therefor  to  an  amount  not  exceeding,  \*bstitute 

in  a  town,  five  per  cent  and,  in  a  city,  not  exceeding  two  and  1008,341, 
one-half  per  cent  of  the  last  preceding  state  valuation.] 

Section  5.  A  city  or  town  may,  in  the  manner  and  to  the  extent  May  incur 

provided  in  chapter  thirty-four,  incur  debt  outside  the  debt  limit  municipal 

prescribed  in  this  chapter,  for  the  purpose  of  establishing,  pur-  Ipg08l™gpu1 

chasing,  reconstructing,  extending  or  enlarging  a  gas  or  electric  \9£8'  341' 
light  plant  within  its  limits. 

SECTION  8.     Debts  other  than  those  mentioned  in  the  two  pre-  other  debts 

ceding  sections  shall  be  incurred  only  by  a  vote  of  two-thirds  of  Jhjrd8°vote. 

the  voters  present  and  voting  at  a  town  meeting,  or  of  two-thirds  §8375>  209> 

of  all  the  members  of  each  branch  of  the  city  council,  taken  by  p-  s-  29>  §  7- 
yeas  and  nays,  and  subject  to  the  approval  or  disapproval  of  the 
mayor. 

SECTION  9.    A  city  or  town  which  has  incurred  a  debt  within  issue  of 


the  limitations  as  to  amount  and  time  of  payment  prescribed  by  andscripn 
this  chapter  may  issue  bonds,  notes  or  scrip  therefor,  properly  Jgg^  269! 
denominated  on  the  face  thereof,  signed  by  its  treasurer  and,  if 
issued  by  a  city,  countersigned  by  its  mayor,  or  if  issued  by  a 
town,  countersigned  by  a  majority  of  its  selectmen,  with  interest 
payable  semiannually  at  such  rate  as  it  deems  proper,  and  may 
sell  said  bonds,  notes  or  scrip,  at  not  less  than  par,  at  public  or 
private  sale  or  may  use  the  same  in  payment  of  such  debts. 

SECTION  12.  The  interest  on  all  debts  shall  annually  be  raised 
by  taxation.  If  a  debt  is  payable  at  a  period  exceeding  ten  years, 
the  city  or  town  shall,  and  in  all  other  cases  may,  at  the  time  of  funds  to  be 

,1  ,11-1  •    i  •         n       n    .      i  T    n  established. 

contracting  the  same,  establish  a  sinking  fund  to  be  used  for  no  ISTS,  209, 
other  purpose  than  the  payment  of  such  debt,  and  shall  annually  p.  s.  29,  §  9. 
raise  by  taxation  and  contribute  thereto  an  amount  sufficient  with  263°f  A     ' 
its  accumulations  to  extinguish  the  debt  at  maturity;  and  if  pay- 
able at  a  period  not  exceeding  ten  years,  the  city  or  town  shall 
raise  by  taxation  annually  not  less  than  eight  per  cent  of  the 
principal  thereof,  and  shall  set  it  apart  for  a  sinking  fund  until 
an  amount  has  been  raised  sufficient  with  its  accumulations  to 
extinguish  the  debt  at  maturity;  and  shall,  in  the  year  before  the 
maturity  of  the  debt,  raise  by  taxation,  any  balance  necessary  for 
its  extinguishment. 


66 


MUNICIPAL   LIGHTING  PLANTS. 


Annual 
payments. 

1893,  454, 
I  9. 

1894,  182. 


SECTION  8.  Instead  of  issuing  the  bonds  authorized  by 
the  preceding  section,  a  city  or  town  may  provide  for  the 
payment  of  the  debt  incurred  by  it  under  the  provisions  of 
this  chapter  by  such  annual  payments  as  will  extinguish 
such  debt  within  thirty  years,  and  may  issue  bonds,  notes 
or  scrip  therefor.  The  amount  required  for  such  annual 
payments  shall,  without  further  vote,  be  annually  assessed 
by  the  assessors  until  said  debt  shall  be  extinguished,  in 
the  same  manner  as  taxes  are  assessed  under  the  provisions 
of  section  thirty-seven  of  chapter  twelve. 


Annual  pay- 
ments in  lieu 
of  sinking 
fund. 
1882,  133, 
I  1. 

Amended. 
1908,341, 
II. 


Revised  Laws,  Chapter  27,  $  13. 

SECTION  13.  A  city  or  town,  instead  of  establishing  a  sinking 
fund,  may  vote  to  provide  for  the  payment  of  any  debt  by  such 
[annual  proportionate]  payments  as  will  extinguish  the  same  at 
maturity,  but  so  that  the  amount  of  such  annual  payment  in  any 
year  and  the  whole  interest  of  such  debt  payable  in  the  same  year 
shall  not  together  be  less  than  the  aggregate  amount  of  principal 
and  interest  payable  in  any  subsequent  ye.ar}  and  thereupon  such 
annual  [proportion]  amount  shall,  without  further  vote,  be  as- 
sessed under  the  provisions  of  section  thirty-seven  of  chapter 
twelve  until  such  debt  is  extinguished. 


Disposition 
to  be  made  of 
premiums 
upon  munici- 
pal bonds 
determined. 


To  be  added  to 
sinking  fund 
in  certain 
3,  etc. 


To  be  applied 
to  the  payment 
of  principal  of 
first  bond  to 
mature  in 
certain  cases, 
etc. 


Acts  of  1910,  Chapter  379. 

An  Act  to  Determine  the  Disposition  to  be  made  of  Premiums 
upon  Municipal  Bonds. 

SECTION  1.  Whenever  a  city,  town,  fire  district,  or  water  dis- 
trict shall  issue  and  sell  bonds  to  pay  for  the  construction,  pur- 
chase or  extension  of  water  works,  sewerage  or  sewage  disposal 
systems,  electric  lighting  plants,  street  pavements  or  other  public 
improvements,  or  for  the  refunding  of  any  debt  previously  con- 
tracted for  any  such  purpose,  any  premium  received  upon  such 
bonds,  less  the  cost  of  preparing,  issuing  and  marketing  them, 
shall  be  applied  to  the  payment  of  the  principal  of  the  bonds  in 
the  manner  prescribed  in  the  following  sections. 

SECTION  2.  When  a  sinking  fund  has  been  or  is  to  be  estab- 
lished to  pay  said  bonds  at  maturity,  the  premium  shall  be  added 
forthwith  to  the  sinking  fund,  and  the  amount  of  the  annual 
contribution  to  be  made  to  the  sinking  fund  shall  be  reduced 
correspondingly. 

SECTION  3.  In  case  no  sinking  fund  is  established  for  the 
retirement  of  the  bonds,  but  in  lieu  thereof  certain  of  the  bonds 
mature  and  are  to  be  paid  at  fixed  periods,  any  premium  received 


MUNICIPAL  LIGHTING  PLANTS.  67 

as  set  forth  in  section  one  shall  be  applied  to  the  payment  of  the 
principal  of  the  first  bond  or  bonds  so  to  mature;  and  the  con- 
tributions from  other  sources  for  the  payment  of  said  bonds  shall 
be  reduced  correspondingly. 

SECTION  4.    This  act  shall  take  effect  upon  its  passage.     [Ap- 
proved April  8,  1910. 

Acts  of  1910,  Chapter  616. 

An  Act  Relative  to  the  Form  of  Notes  to  be  issued  by  Towns  for 
Money  Borrowed. 

SECTION  1.    The  director  of  the  bureau  of  statistics  shall  fur-  Director  of 
nish  to  the  treasurer  of  every  town  within  the  commonwealth  a  gtatJstfcsTo^ 
book  of  forms  for  the  issue  of  notes  for  money  borrowed  by  the  fJ5JJfBbf°°k  o£ 

town.    The  note  shall  state  the  amount  thereof,  the  date  of  issue,  town  notes, 

etc. 
the  interest  which  it  bears,  and  the  date  when  it  will  become  due 

for  payment,  and  a  record  of  every  note  so  issued  shall  be  kept 
by  the  treasurer  of  the  town  in  such  form  as  the  director  of  the 
bureau  of  statistics  may  designate. 

SECTION  2.  Whenever  a  town  votes  to  raise  money  otherwise  issue  of  notes 
than  by  the  issue  of  bonds  to  be  paid  for  from  a  sinking  fund  by  towns>  etc' 
or  by  the  serial  method,  so-called,  the  treasurer  shall  make  a  note 
or  notes  for  the  amount  of  the  proposed  loan,  and  shall  use 
one  or  more  in  serial  order  of  the  forms  furnished  as  hereinbefore 
provided,  with  the  blank  spaces  properly  filled  in,  and  shall  sign 
the  same  in  the  space  or  spaces  provided,  and  a  majority  of  the 
selectmen  shall  countersign  and  approve  each  note  in  the  pres- 
ence of  the  town  clerk,  who  shall  certify  to  the  fact  on  the  face 
of  the  note  and  affix  thereon  the  town  seal  in  a  space  to  be 
provided  therefor.  The  treasurer,  after  making  a  record  of  the 
transaction  in  accordance  with  the  provisions  of  section  one, 
shall  forward  every  such  note  to  the  director  of  the  bureau  of 
statistics,  together  with  a  copy  of  said  record,  and  a  copy  of  the 
vote  authorizing  the  loan,  certified  by  the  town  clerk,  and  a  certifi- 
cation by  the  town  clerk  that  the  person  whose  signature  appears 
upon  the  note  as  that  of  the  treasurer  was  the  duly  authorized 
treasurer  of  the  town  at  the  date  when  such  signature  was  made, 
and  that  the  persons  whose  signatures  appear  upon  the  note  as 
those  of  a  majority  of  the  selectmen  were  duly  qualified  select- 
men when  such  signatures  were  made,  and  he  shall  at  the  same 
time  forward  the  fee  provided  for  by  section  four  of  this  act.  If 
upon  examination  said  director  finds  that  the  note  appears  to 
have  been  duly  issued  in  accordance  with  the  vote  of  the  town, 
and  to  have  been  signed  by  the  duly  qualified  officials  thereof, 
as  herein ,  provided,  he  shall  so  certify,  and  the  director  shall 


68 


MUNICIPAL  LIGHTING  PLANTS. 


Director  to 
be  notified  of 
payment,  etc. 


Fee. 


Penalty. 


Time  of  taking 
effect. 


thereupon  return  the  note  by  registered  mail  to  the  treasurer  of 
the  town. 

SECTION  3.  Whenever  any  note  issued  by  a  town  within  the 
commonwealth,  whether  such  note  was  issued  before  or  after  the 
passage  of  this  act,  shall  have  become  due  and  shall  have  been 
paid,  the  town  treasurer  shall  immediately  notify  the  director  of 
the  bureau  of  statistics  of  such  payment,  stating  the  source  from 
which  the  money  to  pay  the  same  was  obtained. 

SECTION  4.  The  director  of  the  bureau  of  statistics  shall  estab- 
lish a  reasonable  fee  to  be  charged  for  every  note  certified,  and 
shall  turn  over  monthly  to  the  treasurer  of  the  commonwealth  all 
such  fees. 

SECTION  5.  A  town  treasurer  who  violates  any  provision  of 
this  act  shall  be  liable  to  a  fine  of  not  less  than  one  hundred  nor 
more  than  five  hundred  dollars. 

SECTION  6.  This  act  shall  take  effect  on  the  first  day  of  Jan- 
uary in  the  year  nineteen  hundred  and  eleven.  [Approved  June 
10  1910. 


Enlargement 
of  plant. 
1891,  370, 
§5. 


Purchase  of 
established 
plant. 
1891,  370, 
§  12. 

1893,  454, 
§5. 

1894,  538. 
179  Mass.  382. 


SECTION  9.  A  city  or  town  which  owns  such  a  plant 
shall  not,  except  by  a  vote  taken  in  the  manner  prescribed 
in  section  eight  of  chapter  twenty-seven,  reconstruct,  en- 
large or  extend  the  same  beyond  the  necessary  and  ordinary 
maintenance,  repair  and  replacement  thereof,  or  the  pro- 
vision of  increased  appliances  necessary  to  distribute  gas 
or  electricity  to  new  consumers. 

SECTION  10.  If,  when  a  city  or  town  votes  to  establish 
a  municipal  lighting  plant,  any.  person  or  corporation  en- 
gaged at  the  time  of  the  first  vote  required  by  sections  two 
and  three  of  this  chapter  in  the  business  of  generating  or 
distributing  gas  or  electricity  for  sale  for  lighting  pur- 
poses in  such  city  or  town  shall  elect  to  sell  in  the  manner 
hereinafter  provided,  the  city  or  town  shall  purchase  of 
him  or  it  such  portion  of  his  or  its  plant  and  property 
within  the  limits  of  such  city  or  town  as  is  suitable  for 
and  is  used  in  connection  with  such  business.  Such  pur- 
chase shall  be  required  to  include  both  a  gas  and  electric 
lighting  plant  only  if  a  single  corporation  owns  or  operates 
both  such  plants.  If  the  main  gas  works  or  the  central 
electric  lighting  station  lie  within  the  city  or  town  limits, 
such  city  or  town  shall  purchase  the  whole  of  such  plant 
and  the  property  used  in  connection  therewith,  lying  within 


MUNICIPAL  LIGHTING  PLANTS.  69 

such  limits,  at  its  fair  market  value  for  the  purposes  of  its 
use ;  but  no  portion  of  such  plant  shall  be  estimated  at  less 
than  its  fair  market  value  for  any  other  purpose,  includ- 
ing, as  an  element  of  value,  [locations  or  similar  rights  Amended. 
and]  the  damages,  if  any,  caused  by  the  severance  of  any  1  os'  *55' 
portion  of  such  plant  lying  outside  such  city  or  town  limits, 
if  they  are  not  purchased  by  the  city  or  town,  and  exclud- 
ing any  mortgage  or  other  encumbrance  or  lien  to  which 
such  plant  or  any  part  thereof  may  be  subject  at  the  time 
of  such  purchase.  The  city  or  town  may  require  the  plant 
and  property  to  be  transferred  to  it  free  of  any  mortgage 
or  lien  unless  the  commissioners  appointed  under  the  pro- 
visions of  the  following  section  otherwise  determine.  Such 
value  shall  be  estimated  without  enhancement  on  account 
of  future  earning  capacity  or  good  will  or  of  exclusive 
privileges  derived  from  rights  in  the  public  streets.  If  the 
main  gas  works  or  central  electric  lighting  station  of  such 
plant  lie  without  the  city  or  town  limits,  the  city  or  town 
shall  purchase  only  that  portion  of  the  plant  or  property 
within  its  limits,  estimating  its  value  as  above  provided, 
but  without  allowance  of  damages  on  account  of  severance 
of  plant.  No  city  or  town  shall  be  required  to  buy  any 
apparatus  or  appliances  which  are  covered  by  letters  patent 
of  the  United  States  or  embody  a  patentable  invention 
unless  a  complete  right  to  use  the  same  and  all  other  appa- 
ratus or  appliances  necessary  for  its  use,  to  such  extent  as 
such  city  or  town  shall  reasonably  require,  shall  be  as- 
signed or  granted  to  it  at  a  cost  as  low  as  it  would  be  to 
the  person  or  corporation  whose  plant  is  purchased.  N"o 
city  or  town  shall  be  required  to  buy  any  property  un- 
necessarily added  to  a  plant  after  the  passage  of  its  first 
vote  under  the  provisions  of  sections  two  or  three,  nor  any 
property  except  such  as  would  be  suitable  for  the  ordinary 
business  of  the  vendor.  If  any  property  or  plant  which 
the  city  or  town  would  be  entitled  or  required' to  buy  would 
not  be  available  to  it  if  purchased,  by  reason  of  liens, 
interests  of  third  parties,  private  contracts  or  other  causes 
whereby  the  city  or  town  would  be  at  a  greater  disadvan- 
tage in  its  use  than  the  vendor,  it  may  be  released  from 
buying  the  same,  or  it  may  be  allowed  an  equitable  dis- 
count from  the  purchase  price  as  the  commissioners  pro- 
vided for  in  the  following  section  determine. 


70 


MUNICIPAL  LIGHTING  PLANTS. 


Enforcement 
of  purchase. 
1891,  370, 
§  13. 
1893,  454, 

161  Mass.  432. 
163  Mass.  346. 
Repealed. 
1905,410, 
§*. 


Plants  for 
the  manufac- 
ture or  dis- 
tribution of 
gas  or  elec- 
tricity may 
be  conveyed 
to  cities  or 
towns,  etc. 
1905,410, 


[SECTION  11.  Any  person,  or  corporation  who  desires 
to  enforce  the  obligation  of  a  city  or  town  under  the  pro- 
visions of  the  preceding  section  to  purchase  any  property 
shall,  within  thirty  days  after  the  passage  of  the  final  vote 
of  such  city  or  town  to  establish  a  plant,  file  with  its  clerk 
a  detailed  schedule  of  the  property  and  a  statement  of  the 
proposed  terras  of  sale.  If  the  parties  fail  to  agree  as  to 
what  property  shall  be  sold,  or  as  to  the  terms  of  sale  and 
delivery,  either  party  may,  within  sixty  days  after  the 
filing  of  the  schedule,  apply  by  petition  to  the  supreme 
judicial  court  which,  after  a  hearing,  shall  appoint  one  or 
more  commissioners  who  shall  determine  what  property, 
real  or  personal,  including  rights  and  easements,  shall  be 
sold  by  the  one  and  purchased  by  the  other,  and  what  the 
price,  time  and  other  conditions  of  the  sale  and  delivery 
thereof  shall  be.  Such  commissioners  shall  file  their  re- 
port in  the  supreme  judicial  court  for  revision  or  con- 
firmation. No  commissioner  shall  be  appointed  until  the 
expiration  of  sixty  days  after  the  filing  of  the  schedule 
named  in  section  fifteen  unless  the  vote  authorized  by 
section  sixteen  has  been  passed,  or  unless  it  appears  that 
the  person  or  corporation  filing  the  schedule  owns  no  plant 
in  an  adjoining  city  or  town  which  may  be  the  subject  of 
adjudication.] 

Section  11.  The  owner  of  any  plant  for  the  manu- 
facture or  distribution  of  gas  or  electricity  for  light,  heat 
or  power  in  the  city  or  town,  who  desires  to  sell  the  same 
under  the  provisions  of  this  chapter,  shall  within  sixty 
days  after  the  passage  of  the  final  vote  of  the  city  or 
town  required  by  section  three  of  this  chapter,  file  with 
the  clerk  of  the  city  or  town  a  good  and  sufficient  convey- 
ance duly  executed  of  such  parts  of  his  plant  as  defined  in 
section  ten  of  this  chapter  as  he  desires  to  sell,  together 
with  a  detailed  schedule  of  the  plant  included  in  the  con- 
veyance and  a  statement  of  the  price  which  he  is  willing 
to  accept  in  payment  for  the  same.  Upon  the  filing  of  this 
conveyance  the  property  thereby  conveyed  shall  vest  in  the 
city  or  town,  which  shall  be  entitled  to  the  immediate  pos- 
session and  use  of  the  property  conveyed;  and  the  owner 
shall  surrender  possession  of  the  same  upon  request.  A 
city  by  vote  of  the  city  council,  and  a  town  by  vote  of  the 
selectmen,  may  agree  with  the  owner  upon  the  price  to  be 
paid  for  the  plant  conveyed;  but  said  agreement  as  to  price 
shall  not  be  binding  in  towns  until  ratified  by  a  majority 


MUNICIPAL  LIGHTING  PLANTS.  71 

vote  at  a  town  meeting  called  for  action  thereon;  but  if  the 
city  or  town  does  not  agree  with  the  owner  as  to  such  price, 
or  notifies  him  within  thirty  days  after  the  filing  of  the 
conveyance  that  it  is  dissatisfied  with  the  contents  thereof, 
either  as  including  property  which  ought  not  to  have  been 
included  or  as  not  including  property  which  ought  to  have 
been  included,  either  party  may,  within  sixty  days  after 
the  filing  of  the  conveyance,  apply  to  the  supreme  judicial 
court  for  the  county  in  which  the  city  or  town  is  situated 
for  the  appointment  of  commissioners  to  determine  what 
property  ought  to  have  been  included  in  the  conveyance 
and  the  value  thereof.  The  court  upon  hearing  and  upon 
proof  that  the  foregoing  conditions  have  been  complied 
ivith  shall  appoint  one  or  more  commissioners  who  shall 
hear  the  parties  and  determine,  in  accordance  with  the, 
rules  laid  down  in  section  ten  of  this  chapter,  the  value  of 
the  property  conveyed,  and,  if  the  sufficiency  of  the  con- 
veyance in  this  regard  is  disputed,  what  property  ought 
to  have  been  conveyed  by  the  owner  to  the  city  or  town 
and  the  value  thereof.  The  commissioners  shall  file  a  re- 
port of  their  determination;  and,  if  either  party  is  ag- 
grieved by  said  determination,  it  may  within  thirty  days 
after  the  filing  thereof  file  objections  thereto.  The  court 
shall  thereupon  have  jurisdiction  to  determine  the  ques- 
tions raised  by  the  petition  and  objections;  and  may  re- 
commit the  report  for  further  action  by  the  commissioners, 
or  otherwise  determine  the  matter  as  in  proceedings  in 
equity.  The  reasonable  charges  of  the  commissioners  for 
their  services  shall  be  paid  one  half  by  each  party,  which, 
together  with  the  expense  of  the  litigation,  if  any,  arising 
under  this  section,  may  be  reckoned  as  part  of  the  indebt- 
edness for  which  bonds  may  be  issued  under  section  seven 
of  this  chapter. 

[SECTION  12.     A  party  aggrieved  by  the  award  of  the  Appeal  from 
commissioners  may,  within  fourteen  days  after  it  has  been  is^i,  370, 
filed  or  within  such  further  time  as  the  court  may  allow,  Repealed. 
file  objections  to  matters  of  fact  or  law  therein,  and  there-  I™5'410' 
upon  the  court,  after  notice  to  all  parties  interested,  shall 
have  jurisdiction  in  equity  to  hear   and   determine  the 
same.] 

Section  12.     Any  property  conveyed  which,  according  JJ^^J  PJJP" 
to  the  final  decree  of  the  court,  ought  not  to  have  been  conveyed  or 
conveyed,  shall  forthwith  be  reconveyed  by  the  city  or  retc°ni 
town  to  the  owner  without  liability  to  account  for  the 


72 


MUNICIPAL  LIGHTING  PLANTS. 


Purchase  of 
property  of 
plant  in  ad- 
joining city  or 
town. 
1893,  454, 
§1. 


light,  etc.,  to 
adjoining 
place. 
1893,  454, 
§2. 


Enforcement 
of  obligation 
of  purchase. 
1893,  454, 
§3. 


mesne  profits  thereof  or  to  pay  interest  on  the  value  thereof; 
and  any  property  which,  according  to  said  decree,  ought  to 
have  been  but  was  not  included  in  the  conveyance,  shall 
forthwith  be  conveyed  by  the  owner  to  the  city  or  town. 
The  city  or  town  shall  pay  the  owner  the  value,  determined 
as  provided  in  section  ten  of  this  chapter,  of  the  property 
conveyed  or,  if  the  sufficiency  of  the  conveyance  in  this 
regard  is  disputed,  the  value  of  the  property  which  ought 
to  have  been  conveyed,  with  interest  from  the  date  of  the 
conveyance  or,  if  any  additional  conveyance  is  required  by 
the  decree  from  the  dates  of  the  several  conveyances. 

SECTION  13.  If  a  city  or  town  purchases  a  gas  or  elec- 
tric lighting  plant  having  mains,  poles,  wires  or  other  dis- 
tributing apparatus  in  an  adjoining  city  or  town  in  which 
there  is  no  private  gas  or  electric  lighting  company,  it  may 
also  purchase  such  mains,  poles,  wires  or  other  distribut- 
ing apparatus  therein,  subject  to  the  provisions  of  the  three 
preceding  sections. 

SECTION  14.  A  city  or  town  which  has  acquired,  as 
hereinbefore  provided,  mains,  poles,  wires  or  other  dis- 
tributing apparatus  in  an  adjoining  city  or  town  may 
thereafter  manufacture,  sell  and  distribute  gas  or  elec- 
tricity to  said  adjoining  city  or  town  or  to  its  inhabitants, 
and  shall  thereafter  have  therein  the  same  rights  and  fran- 
chises and  be  subject  to  the  same  limitations  and  obliga- 
tions as  the  person  or  corporation  from  whom  such  out- 
lying plant  was  purchased  would  have  had  or  to  which  he 
or  it  would  have  been  subject  had  such  purchase  not  been 
made.  If  the  adjoining  city  or  town  shall  itself  establish 
a  gas  or  electric  lighting  plant,  it  shall,  under  the  provi- 
sions of  sections  ten,  eleven  and  twelve,  purchase  the  plant 
and  property  within  its  limits  owned  by  the  other  city  or 
town,  which,  within  thirty  days  after  demand  filed  with 
its  clerk,  shall  file  with  the  clerk  of  the  purchasing  city  or 
town  the  schedule  required  by  section  eleven,  and  shall  sell 
the  same;  and  thereupon  its  right  to  maintain  a  gas  or 
electric  lighting  plant  or  to  sell  gas  or  electricity  within 
the  limits  of  the  purchasing  city  or  town  shall  cease  as  to 
the  plant  sold. 

SECTION  15.  After  the  first  of  the  two  votes  required 
by  sections  two  and  three  shall  have  been  passed  in  a  city 
or  town,  any  person  or  corporation  who  owns  a  gas  or  elec- 


MUNICIPAL  LIGHTING   PLANTS.  73 

trie  lighting  plant  therein  and  desires  to  preserve  the  right 
to  enforce  the  obligation  of  such  city  or  town  to  purchase 
his  or  its  plant  shall,  within  thirty  days  after  a  written 
request  therefor  by  the  mayor,  authorized  by  the  city  coun- 
cil, or  by  the  selectmen,  file  with  the  city  or  town  clerk  a 
detailed  statement  of  all  the  property  and  plant  which 
he  or  it  proposes  to  sell  to  such  city  or  town,  if  it  votes  to 
establish  a  plant,  and  the  proposed  terms  of  sale.  If  any 
part  of  the  plant  or  property  which  the  city  or  town  would 
have  the  right  to  buy  lies  in  an  adjoining  city  or  town,  a 
separate  schedule  and  the  proposed  terms  of  sale  thereof 
shall  be  filed ;  and  all  the  property  named  in  such  schedule, 
or  used  in  connection  therewith  shall  at  all  reasonable  times 
thereafter  be  open  to  the  examination  of  the  mayor,  of  any 
committee  of  the  city  council  selected  by  him  and  of  any 
experts  necessary  to  determine  the  value  thereof,  or  to  the 
examination  of  the  selectmen  and  of  any  such  experts 
selected  by  them.  The  reasonable  expenses  of  such  sched- 
ule or  of  such  examination  or  inspection  shall  be  paid  by 
the  city  or  town  requesting  the  same. 

SECTION  16.    Said  city  or  town  may,  at  any  time  within  Vote  of 
sixty  days  after  the  filing  of  such  schedule,  by  vote  of  its  effect. an 
city  council  or  of  the  voters  of  the  town,  determine  that  §8493>  4o4> 
such  purchase  shall  include  the  property  in  an  adjoining 
city  or  town,  and  thereupon  it  shall  be  under  the  same  ob- 
ligations and  have  the  same  rights  as  to  the  purchase  of 
such  outlying  property  as  if  it  were  within  its  limits ;  but 
such  vote  shall  not  prejudice  the  right  of  the  city  or  town 
voting  to  resist  its  obligation  to  purchase  the  same  for  any 
reason  except  that  such  property  is  not  within  its  limits. 
If  such  vote  is  not  taken  within  said  sixty  days,  the  right 
of  such  city  or  town  to  buy  the  outlying  property  shall 
cease. 

SECTION  17.    If  a  city  or  town  acquires  a  gas  or  electric  Termination 
lighting  plant,  the  right  of  any  person  or  corporation  from  rights.  °r 
whom  such  plant  was  acquired  to  manufacture  and  dis-  iTs!' 37°' 
tribute  gas  or  electricity  within  its  limits  shall  cease. 

[SECTION  18.     A  city  or  town  which  acquires  a  plant  Purchase  of 

/•          1         -i .        .-I        .  i  /.  ,.  7,  £as>  etc.,  »y 

for  the  distribution,  but  not  for  the  manufacture,  of  gas  city  or  town. 

,..,,,.,.  ,  1893,454, 

or  electricity  for  lighting  purposes,  may  purchase  gas  or  §  s. 
electricity  from  an  adjoining  city  or  town  or  from  any  wbSttute. 
corporation  manufacturing  it]  1900,173. 


74 


MUNICIPAL   LIGHTING   PLANTS. 


Gas  and  elec- 
tricitv  rnav  be 
purchased  by 
certain  cities 
and  towns. 


Repeal. 


Municipal 
light  board 
in  towns. 
1893,  454, 
§10. 


Manager  of 

municipal 

lighting. 

1891,  370, 

§  8. 

1893,  454, 

§  10. 

196  Mass.  43. 

Repealed. 

1905,410, 

§3. 


Acts  of  1909,  Chapter  173. 

An  Act  relative  to  the  Purchase  of  Gas  and  Electricity  by  Certain 
Cities  and  Towns. 

SECTION  1.  A  city  or  town  which  has  acquired  a  plant  for  the 
manufacture  or  distribution  of  gas  may  purchase  gas  from 
another  city  or  town  or  from  any  corporation  manufacturing 
gas;  and  a  city  or  town  which  has  acquired  a  plant  for  the  man- 
ufacture or  distribution  of  electricity  may  purchase  electricity 
from  another  city  or  town  or  from  any  corporation  manufac- 
turing electricity. 

SECTION  2.  Section  eighteen  of  chapter  thirty-four  of  the  Re- 
vised Laws  is  hereby  repealed. 

SECTION  3.  This  act  shall  take  effect  upon  its  passage.  [Ap- 
proved March  16,  1909. 

SECTION  19.  A  town  which  has  established  or  votes  to 
establish  a  gas  or  electric  lighting  plant  may  elect  a  munic- 
ipal light  board  consisting  of  three  citizens  of  the  town, 
one  of  whom  shall  be  chosen  for  one  year,  one  for  two 
years,  and  one  for  three  years,  and  at  each  annual  meeting 
thereafter  one  for  a  term  of  three  years,  who  shall  have 
authority  to  construct,  purchase  or  lease  a  gas  or  electric 
lighting  plant  in  accordance  with  the  vote  of  the  town  and 
to  maintain  and  operate  the  same. 

[SECTION  20.  The  mayor  of  a  city  or  the  selectmen,  or 
municipal  light  board  if  any,  of  a  town  which  acquires  a 
gas  or  electric  lighting  plant  shall  appoint  a  manager  of 
municipal  lighting  who  shall,  subject  to  any  ordinance  or 
by-law,  be  entrusted  with  the  operation  and  management 
of  such  plant,  the  manufacture  and  distribution  of  gas  or 
electricity,  the  purchase  of  supplies,  the  employment  of 
agents  and  servants,  with  the  method,  time,  price,  quantity 
and  quality  of  the  supply,  the  collection  and  payment  of 
bills,  the  keeping  of  accounts  and  custody  of  money  re- 
ceived for  gas  or  electricity  or  otherwise.  His  compensa- 
tion shall  be  annually  fixed,  in  cities,  by  the  city  council 
and,  in  towns,  by  the  selectmen  or  municipal  light  board, 
and,  before  entering  upon  the  performance  of  his  official 
duties,  he  shall  give  bond  to  the  city  or  town  for  the  faith- 
ful performance  thereof  in  a  sum  and  form  and  with 
sureties  to  the  satisfaction  of  the  mayor,  selectmen  or  mu- 
nicipal light  board,  and  shall,  at  the  end  of  each  municipal 


MUNICIPAL   LIGHTING   PLANTS.  75 

year,  render  to  them  such  detailed  statement  of  his  doings 
and  of  the  business  and  financial  matters  in  his  charge  as 
the  board  of  gas  and  electric  light  commissioners  may  pre- 
scribe. He  shall  also  at  any  time,  when  required  by  the 
mayor,  selectmen  or  municipal  light  board,  make  a  state- 
ment of  his  doings,  business,  receipts,  disbursements,  bal- 
ances, and  of  the  indebtedness  of  the  city  or  town  in  his 
department.] 

Section  20.  The  mayor  of  a  city  or  the  selectmen.,  or  Manager  of 
municipal  light  board,  if  any,  of  a  town  which  acquires 
a  gas  or  electric  lighting  plant  shall  appoint  a  manager 
of  municipal  lighting  who  shall,  under  the  direction  and  ™° 
control  of  the  mayor,  selectmen  or  municipal  light  board, 
if  any,  and  subject  to  the  provisions  of  this  chapter,  have 
full  charge  of  the  operation  and  management  of  the  plant, 
the  manufacture  and  distribution  of  gas  or  electricity,  the 
purchase  of  supplies,  the  employment  of  agents  and  ser- 
vants, the  method,  time,  price,  quantity  and  quality  of 
the  supply,  the  collection  of  bills,  and  the  keeping  of  ac- 
counts. His  compensation  and  term  of  office  shall  be  fixed 
in  cities  by  the  city  council  and  in  towns  by  the  selectmen  office,  duties, 
or  municipal  light  board,  if  any;  and,  before  entering  upon 
the  performance  of  his  official  duties,  he  shall  give  bond  to 
the  city  or  town  for  the  faithful  performance  thereof  in  a 
sum  and  form  and  with  sureties  to  the  satisfaction  of  the 
mayor,  selectmen  or  municipal  light  board,  if  any,  and 
shall,  at  the  end  of  each  municipal  year,  render  to  them 
such  detailed  statement  of  his  doings  and  of  the  business 
and  financial  matters  in  his  charge  as  the  board  of  gas  and 
electric  light  commissioners  may  prescribe.  All  moneys 
payable  to  or  received  by  the  city,  town,  manager  or  board 
in  connection  with  the  operation  of  the  plant,  for  the  sale 
of  gas  or  electricity  or  otherwise,  shall  be  paid  over  to  the 
city  or  town  treasurer.  All  bills  chargeable  to  the  plant  or 
the  appropriations  therefor  shall  be  paid  by  the  treasurer 
on  requisition  by  the  manager  or  municipal  light  board,  if 
any.  The  manager  shall  at  any  time,  when  required  by  the 
mayor,  selectmen,  municipal  light  board,  if  any,  or  board 
of  gas  and  electric  light  commissioners,  make  a  statement 
to  such  officers  of  his  doings,  business,  receipts,  disburse- 
ments, balances,  and  of  the  indebtedness  of  the  city  or 
town  in  his  department. 


76 


MUNICIPAL  LIGHTING  PLANTS. 


Running  ex- 
penses to  be 
included  in 
appropria- 
tions. 
1891,  370, 
§§  4,  8. 
Repealed. 
1905,  410, 
§4. 


Manager  to 
furnish 
estimate  of 
income  and 
expenses  an- 
nually, etc. 
1905,410, 
§4. 


Amended. 
1906,411. 


Excess  of 
expense  to  be 
included  in 
annual  appro- 
priations for 
maintenance 
and  in  tax 
levy,  etc. 


[SECTION  21.  The  gross  expenses  of  running  such  plant 
and  supplying  gas  or  electric  light,  including  the  interest 
on  bonds  and  the  requirements  of  the  sinking  fund,  shall 
be  included  by  such  city  or  town  in  its  appropriations,  and, 
in  order  to  pay  the  operating  expenses  thereof,  it  may  bor- 
row money  in  accordance  with  section  six  of  chapter 
twenty-seven.  All  receipts  from  the  sale  of  gas  or  elec- 
tricity by  the  manager  of  municipal  lighting  or  otherwise 
shall  be  paid  over  to  the  city  or  town  treasurer.] 

Section  21.  Prior  to  the  beginning  of  each  fiscal  year 
the  manager  of  the  plant  shall  furnish  to  the  mayor, 
selectmen  or  municipal  light  board,  if  any,  an  estimate 
of  the  income  from  sales  of  gas  and  electricity  to  private 
consumers  during  the  ensuing  fiscal  year  and  of  the  ex- 
pense of  the  plant  during  said  year,  meaning  the  gross 
expenses  of  operation,,  maintenance  and  repair,  the  inter- 
est on  the  bonds,  notes  or  scrip  issued  to  pay  for  the  plant, 
an  amount  for  depreciation  equal  to  [five']  three  per  cent 
of  the  cost  of  the  plant  exclusive  of  land  and  any  water 
power  appurtenant  thereto,  or  such  smaller  or  larger 
amount  as  the  board  of  gas  and  electric  light  commission- 
ers may  approve,  the  requirements  of  the  sinking  fund 
or  debt  incurred  for  the  plant,  and  the  loss,  if  any,  in 
the  operation  of  the  plant  during  the  preceding  year. 
The  excess  of  the  expense  thus  defined  and  estimated 
over  the  estimated  income  from  sales  to  private  consum- 
ers shall  be  included  by  the  city  or  town  in  its  annual 
appropriations  for  maintenance  and  in  the  tax  levy.  By 
•cost  of  the  plant  is  intended  the  total  amount  expended 
on  the  plant  to  the  beginning  of  the  fiscal  year,  for  any  pur- 
pose for  which  bonds,  notes  or  scrip  may  be  issued  under 
sections  seven  and  eight  of  this  chapter.  By  loss  in  opera- 
tion is  intended  the  difference  between  the  actual  income 
from  private  consumers  plus  the  appropriations  for  mainte- 
nance for  the  preceding  fiscal  year  and  the  actual  expense 
of  the  plant,  reckoned  as  above,  for  that  year  in  case  such 
expense  exceeded  the  amount  of  such  income  and  appro- 
priation. The  income  from  sales  and  the  money  appropri- 
ated as  aforesaid  shall  be  used  to  pay  the  annual  expense 
of  the  plant,  defined  as  above,  for  the  fiscal  year,  except 
that  no  part  of  the  sum  therein  included  for  depreciation 
shall  be  used  for  other  purpose  than  renewals,  in  excess  of 
ordinary  repairs,  extensions,  reconstruction,  enlargements 


MUNICIPAL  LIGHTING  PLANTS.  77 

and  additions.    The  surplus,  if  any,  of  said  annual  allow-  Depredation 


fund  to  be 


ances  for  depreciation  after  making  the  above  payments  kept,  etc. 

7     77    ill  i      *        J          J  J    £  7         See  also 

shall  be  kept  as  a  separate  fund  and  used  for  renewals,  1903,486. 
other  than  ordinary  repairs,  extensions,  reconstruction,  en- 
largements and  additions  in  succeeding  years;  and  no  debt 
shall  be  incurred  under  sections  seven  and  eight  of  this 
chapter  for  any  extension,  reconstruction  or  enlargements 
of  the  plant  in  excess  of  the  amount  needed  for  the  purpose 
in  addition  to  the  amount  then  on  hand  in  said  deprecia- 
tion fund.  Said  depreciation  fund  shall  be  kept  and  man- 
aged by  the  city  or  town  treasurer  as  a  separate  fund,  sub- 
ject to  appropriation  by  the  city  council  or  selectmen,  or 
municipal  light  board,  if  any,  for  the  foregoing  purpose. 
All  appropriations  for  the  plant  shall  be  either  for  the  Appropria- 
annual  expense  defined  as  above,  or  for  extensions,  recon- 
struction, enlargements  or  additions;  and  no  appropria- 
tion shall  be  used  for  any  purpose  other  than  that  stated 
in  the  vote  making  the  same.  No  bonds,  notes  or  scrip 
shall  be  issued  by  a  city  or  town  for  the  annual  expenses 
as  defined  in  this  section. 

Acts  of  1908,  Chapter  486. 

An  Act  relative  to  the  Uses  of  the  Depreciation  Funds  of 
Municipal  Gas  and  Electric  Light  Plants. 

SECTION  1.  In  addition  to  the  purposes  to  which  the  deprecia-  use  of 
tion  fund  of  a  municipal  gas  or  electric  light  plant  may  be  devoted 
according-  to  the  provisions  of  section  twenty-one  of  chapter 
thirty-four  of  the  Revised  Laws,  as  amended  by  section  four  of  ^gj1*  Plants» 
chapter  four  hundred  and  ten  of  the  acts  of  the  year  nineteen 
hundred  and  five,  and  as  further  amended  by  chapter  four  hun- 
dred and  eleven  of  the  acts  of  the  year  nineteen  hundred  and 
six,  so  much  of  said  fund  as  the  board  of  gas  and  electric  light 
commissioners  may  from  time  to -time  approve  may  be  used  to 
pay  notes,  bonds  or  scrip  issued  to  pay  for  the  cost  of  recon- 
struction or  renewals  in  excess  of  ordinary  repairs  of  a  municipal 
gas  or  electric  light  plant,  when  such  notes,  bonds  or  scrip  be- 
come due. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage.     [Ap- 
proved May  5,  1908. 

SECTION  22.     There  shall  be  a  fixed  price  for  gas  and  Regulation 
electricity,  which  shall  not  be  changed  oftener  than  once  gas,  etc. 
in  three  months.     Any  change  shall  take  effect  on  the  first  §  10.' 


78 


MUNICIPAL  LIGHTING  PLANTS. 


Certification 
of  notice  of 
change,  etc., 
of  price. 
1892,  259, 
§§3,4. 


Appeal. 
1891,  370, 
§  7. 
1894,  533. 


Assessment 
upon  con- 
sumers of 
cost  of 
installation. 
1891,  370,  § 


day  of  a  month,  and  shall  first  be  advertised  in  a  news- 
paper, if  any,  published  in  such  city  or  town.  The  price 
shall  not,  except  with  the  written  consent  of  the  board  of 
gas  and  electric  light  commissioners,  be  fixed  at  less  than 
cost,  in  which  shall  be  included  all  operating  expenses,  in- 
terest on  the  net  investment  in  the  plant,  less  assessments 
collected  under  section  twenty-five  at  the  rate  paid  upon 
the  bonds  above  provided  for,  the  requirements  of  the  sink- 
ing fund  established  to  meet  such  bonds,  and  also  depre- 
ciation of  the  plant,  to  be  reckoned  at  not  less  than  five 
per  cent  per  annum  of  its  cost,  and  losses ;  but  any  losses 
exceeding  three  per  cent  of  the  investment  in  the  plant 
may  be  charged  in  different  years  at  not  more  than  three 
per  cent  per  annum.  Such  price  shall  not  be  greater  than 
shall  allow,  above  such  cost,  a  profit  of  eight  per  cent  per 
annum  to  the  city  or  town  upon  its  net  investment.  The 
gas  and  electricity  used  by  the  city  or  town  shall  be  charged 
to  it  at  cost.  A  sufficient  deposit  to  secure  the  payment 
for  gas  or  electricity  for  three  months  may  be  required  in 
advance  from  any  consumer,  and  the  supply  may  be  shut 
off  from  any  premises  until  all  arrears  for  gas  or  elec- 
tricity furnished  thereon  to  such  consumer  shall  have  been 
paid.  After  three  months'  default  in  the  payment  of  such 
arrears,  all  appliances  for  distribution  belonging  to  such 
city  or  town  on  the  premises  may  be  removed  and  shall 
not  be  restored  except  on  payment  of  all  such  arrears  and 
the  expenses  of  removal  and  restoration. 

SECTION  23.  When  a  city  or  town  fixes  or  changes  such 
price,  the  manager  of  municipal  lighting  shall  send  a  certi- 
fied copy  of  the  notice  thereof  to  the  board  of  gas  and 
electric  light  commissioners,  and  for  a  failure  or  neglect 
so  to  do  shall,  for  each  offence,  forfeit  not  more  than 
twenty-five  dollars. 

SECTION  24.  A  city  or  town  shall  not  be  compelled  to 
furnish  gas  or  electricity  to  any  person  or  corporation  ex- 
cept upon  the  order  of  the  board  of  gas  and  electric  light 
commissioners,  to  whom  any  person  or  corporation  ag- 
grieved by  the  refusal  of  a  city  or  town  to  furnish  gas  or 
electricity  may  appeal,  stating  the  facts  in  such  detail  as 
the  board  directs. 

SECTION  25.  A  city  or  town  which  acquires  such  a 
plant  may  provide  by  ordinance  or  by-laws  for  the  equi- 
table assessment  upon  the  owner  or  occupant  of  any  prem- 


MUNICIPAL   LIGHTING   PLANTS.  79 

ises  of  the  cost,  or  any  part  thereof,  of  laying  and  main- 
taining pipes,  conduits,  conductors  or  other  appliances 
thereon.  Payment  of  such  assessments  shall  not  be  com- 
pulsory, but  it  shall  be  a  condition  precedent  to  the  supply 
of  gas  or  electricity  to  the  occupants  of  such  premises,  and 
may  be  required  before  providing  appliances  therefor. 

SECTION  26.     A  city  or  town  which  operates  such  a  Ordinances 

,  ,.         ^  in  .         L     .  •.,.         or  by-laws. 

plant  may  pass  ordinances  or  by-laws,  imposing  penalties  ISQI,  370, 
not  exceeding  fifty  dollars,  to  protect  the  plant,  control  its  § 
use  and  prevent  accidents  from  gas  or  electricity  supplied 
by  it,  and  to  govern  consumers  in  their  use  thereof. 

[SECTION  27.  A  city  or  town  which  manufactures  or  Records, 
sells  gas  or  electricity  for  lighting  shall  keep  records  of  its  ISQI.^?™' 
work  and  doings  at  its  manufacturing  station,  and  in  re-  i8996,  356, 
spect  to  its  distributing  plant,  as  required  by  the  board  of  jj5J««i«i. 
gas  and  electric  light  commissioners.  The  books,  accounts  ^5,410, 
and  returns  shall  be  made  and  kept,  in  a  form  prescribed 
by  said  board,  and  the  accounts  shall  be  closed  on  the  thir- 
tieth day  of  June  annually  and  a  balance  sheet  of  that  date 
shall  be  taken  therefrom  and  included  in  the  return  of  said 
board.  The  mayor  or  selectmen,  or  municipal  light  board 
if  any,  shall  annually,  on  or  before  the  second  Wednesday 
of  September,  make  a  return  to  said  board,  for  the  year 
ending  on  the  thirtieth  day  of  June,  signed  and  sworn  to 
by  the  mayor  or  a  majority  of  the  selectmen  or  municipal 
light  board  if  any,  and  by  the  manager,  stating  the  finan- 
cial condition  of  said  business,  the  amount  of  indebtedness 
both  authorized  and  existing  on  account  thereof,  a  state- 
ment of  income  and  expenses  in  such  detail  as  the  board 
may  require,  and  a  list  of  its  salaried  officers  and  the 
salary  paid  to  each.  The  mayor,  the  selectmen  or  the 
municipal  light  board  may  direct  any  additional  returns 
to  be  made  at  such  time  and  in  such  detail  as  they  may 
order.  The  mayor,  selectmen  or  municipal  light  board 
and  manager  shall,  at  any  time,  on  request,  submit  said 
books  and  accounts  to  the  inspection  of  said  board,  and 
furnish  any  statement  or  information  required  by  it  rela- 
tive to  the  condition,  management  and  operation  of  said 
business.] 

Section  27.    A  city  or  town  which  manufactures  or  sells  Records  to 
gas  or  electricity  for  lighting  shall  keep  records  of  its  work  1908,410,' 
and  doings  at  its  manufacturing  station,  and  in  respect  to  §  5' 
its  distributing  plant,  as  required  ~by  the  board  of  gas  and 


80 


MUNICIPAL  LIGHTING  PLANTS. 


Return  to  be 
made  to  gas 
and  electric 
light  com- 
missioners 
annually, 
etc. 


Books  and 
accounts  to  be 
submitted  to 
inspection  of 
gas  and  elec- 
tric light 
commissioners 
on  request, 
etc. 


electric  light  commissioners.  It  shall  install  and  main- 
tain apparatus,  satisfactory  to  said  board,  for  the  measure- 
ment and  recording  of  the  output  of  gas  and  electricity, 
and  shall  sell  the  same  by  meter  to  private  consumers  when 
required  by  said  board;  and  if  required  by  said  board  shall 
measure  all  gas  or  electricity  consumed  by  the  city  or  town. 
The  books,  accounts  and  returns  shall  be  made  and  kept, 
in  a  form  prescribed  by  said  board,  and  the  accounts  shall 
be  closed  on  the  thirtieth  day  of  June  annually  and  a 
balance  sheet  of  that  date  shall  be  taken  therefrom  and 
included  in  the  return  of  said  board.  The  mayor  or  select- 
men, or  municipal  light  board,  if  any,  shall  annually,  on 
or  before  the  second  Wednesday  of  September,  make  re- 
turn to  said  boa,rd,  for  the  year  ending  on  the  thirtieth  day 
of  June,  signed  and  sworn  to  by  the  mayor  or  a  majority 
of  the  selectmen  or  municipal  light  board,  if  any,  and  by 
the  manager,  stating  the  financial  condition  of  said  busi- 
ness, the  amount  of  authorized  and  existing  indebtedness, 
a  statement  of  income  and  expenses  in  such  detail  as  the 
board  may  require,  and  a  list  of  its  salaried  officers  and  the 
salary  paid  to  each.  The  mayor,  the  selectmen  or  the  mu- 
nicipal light  board  may  direct  any  additional  returns  to  be 
made  at  such  lime  and  in  such  detail  as  they  may  order. 
The  mayor,  selectmen  or  municipal  light  board  and  man- 
ager shall,  at  any  time,  on  request,  submit  said  books  and 
accounts  to  the  inspection  of  said  board,  and  furnish  any 
statement  or  information  required  by  it  relative  to  the  con- 
dition, management  and  operation  of  said  business.  The 
board  of  gas  and  electric  light  commissioners  shall,  in  its 
annual  report,  describe  the  operation  of  the  several  munic- 
ipal plants  with  such  detail  as  may  be  necessary  to  disclose 
the  financial  condition  and  results  of  each  plant;  and  shall 
state  what  cities  or  towns,  if  any,  operating  a  plant  have 
failed  to  comply  with  the  provisions  of  this  chapter,  and 
what,  if  any,  are  selling  gas  or  electricity  with  the  approval 
of  the  board  at  less  than  cost. 


Appointment 
of  town 
accountants, 
etc. 


Acts  of  1910,  Chapter  624. 

An  Act  to  authorize  the  Appointment  of  Town  Accountants,  and 
prescribing  their  Duties 

SECTION  1.  Any  town,  at  a  town  meeting  lawfully  called  for 
the  purpose,  may  authorize  the  selectmen  to  appoint  a  town  ac- 
countant and  he  shall  perform  all  of  the  duties  and  possess  all  of 


MUNICIPAL   LIGHTING  PLANTS.  81 

the  powers  of  town  auditors  as  defined  in  sections  seventy-nine 
and  eighty  of  chapter  twenty-five  of  the  Revised  Laws  and  chapter 
three  hundred  and  twenty-two  of  the  acts  of  the  year  nineteen 
hundred  and  four.  In  towns  authorizing  the  appointment  of  a 
town  accountant  as  aforesaid  the  office  of  town  auditor  may,  if 
the  town  so  vote,  be  abolished.  The  appointment  of  the  town 
accountant  shall  be  subject  to  the  provisions  of  chapter  nineteen 
of  the  Revised  Laws  and  the  rules  thereunder,  provided  that  said 
chapter  has  been  accepted  by  said  town.  The  town  accountant 
shall  be  sworn  to  the  faithful  performance  of  his  duties,  shall 
hold  no  other  town  office  involving  the  receipt  or  disbursement 
of  money,  shall  receive  such  salary  as  the  town  shall  vote  and 
shall  hold  office  for  three  years  and  until  his  successor  has  been 
appointed  and  has  qualified. 

SECTION  2.     The  selectmen  and  all  boards,  committees,  heads  Bills  to  be 
of  departments  and  officials  authorized  to  expend  money  shall  monthly  to  the 
approve  and  transmit  to  the  town  accountant  as  often  as  once  a°nT,netc.COl] 
each  month  all  bills,  drafts  and  orders  chargeable  to  the  respective 
appropriations  of  which  they  have  the  expenditure.     The  town 
accountant  shall  examine  all  such  bills,  drafts  or  orders,  and  if 
found  correct  and  approved  as  provided  for  above  shall  draw  a 
warrant  upon  the  treasurer  for  the  payment  of  the  same;  but 
such  warrant  shall  only  be  valid  when  signed  by  the  official  or  a 
majority  of  the  board  or  committee  authorized  to  make  the  ex- 
penditure.   The  treasurer  shall  pay  no  money  from  the  treasury 
except  upon  a  warrant  so  signed. 

SECTION  3.  The  town  accountant  shall  keep  a  complete  set  of  Books  to  be 
books  wherein  shall  be  entered  the  amount  of  each  specific  appro- 
priation, the  amounts  and  purposes  of  expenditures  made  there- 
from, the  receipts  from  each  source  of  income,  the  amount  of  each 
assessment  levied,  and  the  abatements  made;  and  he  shall  keep 
his  accounts,  so  far  as  practicable,  in  conformity  with  the  classi- 
fications and  forms  prescribed  by  the  bureau  of  statistics  of  the 
commonwealth  in  accordance  with  the  provisions  of  chapter  three 
hundred  and  seventy-one  of  the  acts  of  the  year  nineteen  hundred 
and  nine.  The  town  accountant  shall  have  custody  of  all  con- 
tracts of  the  town,  shall  keep  a  register  of  the  sureties  on  all 
bonds  of  indemnity  given  to  the  town,  shall  keep  a  detailed 
record  of  the  town  debt  which  shall  show  the  purpose  for  which 
the  same  was  issued,  when  issued,  when  due,  the  rate  of  interest 
and  the  provisions  made  for  the  payment  of  the  debt. 

SECTION  4.     Whenever  any  appropriation  shall  have  been  ex-  Notice  to  be 
pended  or  whenever,  in  the  judgment  of  the  town  accountant,  it 


82 


MUNICIPAL  LIGHTING  PLANTS. 


when  liabilities 
are  in  excess 
of  unexpended 
balance,  etc. 


List  of  all 
unpaid  bills 
to  be  furnished 
to  the  town 
accountant, 
etc. 


Detailed  esti- 
mates to  be 
furnished  to 
the  town 
accountant, 
etc. 


Separate 
statement  to 
be  furnished 
for  payment  of 
interest. 


appears  that  the  liabilities  incurred  against  any  appropriation 
may  be  in  excess  of  the  unexpended  balance  of  said  appropriation, 
he  shall  immediately  give  notice  to  the  selectmen  and  to  the  board, 
committee,  head  of  department,  or  official  authorized  to  make  ex- 
penditures from  said  appropriation,  and  no  claim  against  such 
appropriation  shall  be  allowed  nor  any  further  liability  be  in- 
curred until  the  town  makes  provision  for  the  payment  of  the 
same.  The  town  accountant  shall,  at  regular  intervals  and  as 
often  at  least  as  once  each  month,  send  to  the  selectmen  and  to 
each  board,  committee,  head  of  department  or  official  having  the 
disbursement  of  an  appropriation,  a  statement  of  the  amount  of 
orders  approved  and  warrants  drawn  on  behalf  of  said  board, 
department  or  official  during  the  preceding  month,  and  a  state- 
ment of  the  balance  of  such  appropriation  remaining  subject  to 
draft.  Each  head  of  a  department,  board  or  committee  author- 
ized to  expend  money  shall  furnish  the  town  accountant,  at  the 
close  of  the  fiscal  year,  a  list  of  all  bills  remaining  unpaid,  show- 
ing to  whom  the  same  are  due,  for  what  due,  and  the  amounts; 
and  the  town  accountant  shall  incorporate  the  same  in  his  an- 
nual report  covering  the  financial  transactions  of  the  town,  as  pro- 
vided by  section  seven  of  this  act. 

SECTION  5.  The  selectmen  and  all  boards,  committees,  heads 
of  departments  or  other  town  officials  authorized  by  law  to  ex- 
pend money  shall  furnish  to  the  town  accountant,  not  less  than 
ten  days  before  the  end  of  the  town  financial  year,  detailed 
estimates  of  the  amounts  necessary  for  the  proper  maintenance 
of  the  department  under  their  jurisdiction  for  the  ensuing  year, 
with  explanatory  statements  as  to  any  changes  from  the  amounts 
appropriated  for  the  same  purposes  in  the  preceding  year;  and 
an  estimate  of  amounts  necessary  for  outlays  or  permanent  im- 
provements. They  shall  also  prepare  estimates  of  any  income 
likely  to  be  received  by  the  town  during  the  ensuing  year  in  con- 
nection with  the  town's  business  or  property  entrusted  to  their 
care.  The  selectmen  shall  include  in  their  estimates  the  salaries 
and  expenses  connected  with  their  own  office,  and  the  salaries  of 
all  other  town  officers  shall  be  included  in  the  estimates  for  the 
office,  department  or  branch  of  the  public  service  committed  to 
their  charge.  The  treasurer  shall,  in  addition  to  his  estimate  of 
the  amount  required  for  the  maintenance  of  his  own  office,  pre- 
pare a  separate  statement  indicating  the  amounts  required  for  the 
payment  of  interest  on  the  town  debt  and  for  the  'payment  of 
such  portions  of  the  town  debt  as  may  become  due  during  the 
succeeding  year. 


MUNICIPAL  LIGHTING  PLANTS.  83 

SECTION  6.     The  town  accountant  shall  immediately  upon  the  Tabulated 
close  of  the  fiscal  year  compile  statements  in  tabulated  form  so  as 
to  show  the  amounts  appropriated  and  the  amounts  expended 


from  each  appropriation  during  the  preceding  year,  and  the  £?regefor?he" 
estimates  for  the  current  year,  and  shall  forthwith  furnish  a  ^cre^t°g 
copy  of  the  same  to  the  selectmen,  who  shall,  after  due  consider- 
ation, designate  the  amounts  which  in  their  opinion  should  be 
appropriated  for  the  ensuing  year,  and  shall  accompany  the  same 
with  such  explanations  and  suggestions  in  relation  to  proposed 
appropriations  as  they  may  deem  desirable  for  the  proper  in- 
formation of  the  citizens.  The  selectmen  shall  cause  this  docu- 
ment to  be  printed  and  to  be  distributed  in  advance  of  or  at 
the  annual  town  meeting,  and  the  town  clerk  shall  transmit  a 
copy  of  the  same  and  of  all  town  reports  to  the  director  of  the 
bureau  of  statistics. 

SECTION  7.  The  town  accountant  shall  make  an  annual  report,  Annual  report. 
which  shall  be  published  as  a  town  document,  giving  a  state- 
ment of  all  receipts  and  expenditures  of  the  town  for  the  past 
financial  year,  including  those  of  funds  managed  by  trustees  or 
commissioners  for  the  town  and  showing  also  the  amount  of 
each  specific  appropriation,  the  expenditures  therefrom,  and 
the  purpose  for  which  money  has  been  spent;  and  said  statement 
shall  be  arranged  in  accordance  with  the  classifications  prescribed 
by  the  bureau  of  statistics.  His  report  shall  also  contain  a  state- 
ment of  any  change  in  the  amount  of  the  town  debt  during  the 
year,  together  with  a  list  of  all  indebtedness  incurred  and  not 
paid  up  to  the  end  of  the  fiscal  year. 

SECTION  8.     All  acts  and  parts  of  acts  inconsistent  herewith  Repeal. 
are  hereby  repealed. 

SECTION  9.    This  act  shall  take  effect  upon  its  passage.     [Ap- 
proved June  14,  1910. 

SECTION  28.     A  city  or  town  which  owns  or  operates  a  Liability  for 
gas  or  electric  lighting  plant  shall  be  liable  for  any  injury  damaje* 
or  damage  to  persons  or  property  caused  by  its  mainte-  §8i96*'  370' 
nance  or  operation,  in  the  same  manner  and  to  the  same  185Mass-215- 
extent  as  a  private  corporation;  but  it  shall  not  be  liable    '    . 
for  damages  caused  by  competition  with  an  existing  gas  or 
electric  lighting  plant  therein. 

[SECTION  29.     The  provisions  of  sections  four,  five,  six,  Application  of 
twenty-three  and  twenty-seven,  relative  to  books,  accounts  1392,259^5. 


and  returns,  shall  apply  to  a  city  or  town  authorized  by    wib,  §  e. 


84 


MUNICIPAL  LIGHTING  PLANTS. 


To  apply  to 
certain  cities 
and  towns, 
etc. 

1905,410, 
§6. 


Application 
of  general 
laws,  and 
ordinances 
or  by-laws. 
1891,  370, 
§  17. 

[1  Op.  A.  G. 
550.] 


Revocation 

of  locations 

regulated. 

1891,  370, 

§  18. 

161  Mass.  432. 


Enforcement 

of  provisions. 

(New 

section.) 

1905,410, 

§7. 


special  act  to  construct,  purchase,  lease,  establish  or  main- 
tain a  gas  or  electric  lighting  plant.] 

Section  29.  A  city  or  town  authorized  by  special  act  to 
construct,  purchase,  lease,  establish  or  maintain  a  gas  or 
electric  lighting  plant  shall  be  subject  to  the  provisions  of 
this  chapter  and  to  any  amendments  thereof  or  additions 
thereto,  so  far  as  the  same  may  be  applicable. 

SECTION  30.  All  general  laws,  and  all  ordinances  or 
by-laws  of  any  city  or  town  acting  under  the  provisions  of 
this  chapter,  relative  to  the  manufacture,  use  or  distribu- 
tion of  gas  or  electricity,  or  to  the  quality  thereof,  or  to 
the  plant  or  the  appliances  therefor,  shall  apply  to  such 
city  or  town,  in  the  same  manner  as  to  persons,  so  far 
as  applicable  and  consistent  with  the  provisions  of  this 
chapter. 

SECTION  31.  No  city  or  town  having  within  its  limits 
the  main  gas  works  or  the  central  electric  lighting  station, 
or  the  major  portion  of  the  wires,  poles,  conduits  or  pipes 
used  in  connection  with  any  such  works  or  plants,  shall, 
except  for  a  violation  of  the  terms  or  conditions  upon  which 
the  same  were  granted  or  for  a  violation  of  law  respecting 
the  exercise  thereof,  revoke  any  rights  granted  to  any  per- 
son or  corporation  engaged  in  the  business  of  manufactur- 
ing or  distributing  gas  or  electricity  for  sale  for  lighting 
purposes,  after  the  introduction  of  the  first  vote  authoriz- 
ing the  establishment  of  a  municipal  lighting  plant  in  a 
city  council  under  the  provisions  of  section  two  or  after 
the  calling  of  a  town  meeting  under  a  warrant  including 
an  article  on  the  passage  of  such  vote,  until  the  proceed- 
ings so  begun  have  been  finally  determined  by  granting  or 
denying  authority  to  establish  such  plant.  After  the  pas- 
sage and  ratification  of  both  votes  required  by  sections  two 
or  three,  no  city  or  town,  except  as  hereinbefore  provided, 
shall  revoke  any  rights,  locations  or  licenses  granted  to 
any  such  person  or  corporation. 

Section  32.  In  addition  to  the  jurisdiction  conferred  by 
section  eleven  of  this  chapter  on  the  supreme  judicial  court 
for  the  county  in  which  the  city  or  town  is  situated,  said 
court  shall  have  jurisdiction  on  petition  af  the  board  of  gas 
and  electric  light  commissioners  or  of  twenty  taxable  in- 
habitants of  the  city  or  town  to  compel  the  fixing  of  prices 
by  the  city  or  town  in  accordance  with  the  provisions  of 


MUNICIPAL  LIGHTING  PLANTS.  85 

sections  twenty-one  and  twenty-two  of  this  chapter,  to  pre- 
vent any  city  or  town  from  purchasing  or  operating  a  gas 
or  electric  plant  in  violation  of  any  of  the  provisions  of 
this  chapter,  and  generally  to  enforce  compliance  with  the 
terms  and  provisions  thereof. 

Acts  of  1909,  Chapter  514,  §§  20,  21,  22,  23,  37,  38,  39,  40,  41,  42,  43. 

SECTION  20.      Every    employee    in    public    work    shall    lodge,  Right  of 
board  and  trade  where  and  with  whom  he  elects,  and  no  person 
or  his  agents  or  employees  under  contract  with  the  commonwealth,  lodging!  etc. 
a  municipal  corporation  or  a  county,  or  with  a  board,  commission  ?jk- 106> 
or  officer  acting  therefor,  for  the  doing  of  public  work  shall, 
directly   or   indirectly,   require,   as   a   condition   of  employment 
therein,  that  the  employee  shall  lodge,  board  or  trade  at  a  par- 
ticular place  or  with  a  particular  person.     The  provisions  of  this 
section  shall  be  made  a  part  of  the  contract  for  such  employment, 
and  whoever  violates  the  provisions  thereof  shall  be  punished  by 
a  fine  of  not  more  than  one  hundred  dollars  for  each  offence. 

SECTION  21.    In  the  employment  of  mechanics  and  laborers  in  Preference 
the  construction  of  public  works  by  the  commonwealth,  or  by  a  chanicsand 
county,  city  or  town,  or  by  persons  contracting  therewith,  prefer-  R. 
ence  shall  be  given  to  citizens  of  the  commonwealth,  and,  if  they 
cannot  be  obtained  in  sufficient  numbers,  then  to  citizens  of  the 
United  States;  and  every  contract  for  such  works  shall  contain 
a  provision  to  this  effect.     Any  contractor  who  knowingly  and 
wilfully  violates  the  provisions  of  this  section  shall  be  punished  by 
a  fine  of  not  more  than  one  hundred  dollars  for  each  offence. 

SECTION  22.    A  person  to  whom  a  debt  is  due  for  labor  which  Actions 
has  been  performed  in  constructing  a  building,  sewer  or  drain,  towns  for 
or  water  works  or  other  public  works,  owned  by  a  city  or  town,  R.  L/25, 
under  a  contract  with  any  person  having  authority  from  or  right-   §  57' 
fully  acting  for  such  city  or  town  in  furnishing  such  labor,  shall 
have  a  right  of  action  against  such  city  or  town  to  recover  such 
debt  if,  within  thirty  days  after  he  ceases  to  perform  such  labor, 
he  files  in  the  clerk's  office  of  the  city  or  town  against  which  he 
claims  such  right  of  action  a  written  statement,  under  oath,  of  the 
amount  of  the  debt  so  due  to  him,  and  the  names  of  the  persons 
for  whom  and  by  whose  employment  the  labor  was  performed, 
and  if,  within  sixty  days  after  he  ceases  to  perform  such  labor, 
he  commences  such  action.    Such  right  of  action  shall  not  be  lost 
by  reason  of  a  mistake  in  stating  the  amount  due;  but  the  claim- 
ant shall  not  recover  as  damages  a  larger  amount  than  is  named 


86 


MUNICIPAL   LIGHTING   PLANTS. 


Security  for 
payment  of 
labor  on  pub- 
lic works. 
1904,  349. 


Hours  of 
labor  for 
public 
employees. 
R.  L.  106, 
§  19. 

1906,  517, 

1907,  269, 
§  1;  570. 


Public  con- 
tracts to 
stipulate 
hours  of 
labor. 
R.  L.  106, 
§21. 

1906,  517, 
§2. 

1907,  269, 
§2. 


in  said  statement  as  due  to  him,  with  interest.  No  person  who 
has  contracted  to  furnish  labor  other  than  his  own  in  such  con- 
struction shall  have  such  right  of  action. 

SECTION  23.  Officers  or  agents  who  contract  in  behalf  of  any 
county,  city  or  town  for  the  construction  or  repair  of  public  build- 
ings or  other  public  works  shall  obtain  sufficient  security,  by  bond 
or  otherwise,  for  payment  by  the  contractor  and  sub-contractors 
for  labor  performed  or  furnished  and  for  materials  used  in  such 
construction  or  repair;  but  in  order  to  obtain  the  benefit  of  such 
security  the  claimant  shall  file  with  such  officers  or  agents  a  sworn 
statement  of  his  claim  within  sixty  days  after  the  completion  of 
the  work. 

HOURS   OF   LABOR. 

SECTION  37.  Eight  hours  shall  constitute  a  day's  work  for  all 
laborers,  workmen  and  mechanics  now  or  hereafter  employed  by 
or  on  behalf  of  the  commonwealth,  or  of  any  county  therein,  or  of 
any  city  or  town  which,  prior  to  the  twenty-eighth  day  of  June  in 
the  year  nineteen  hundred  and  seven  had  accepted  the  provisions 
of  section  twenty  of  chapter  one  hundred  and  six  of  the  Revised 
Laws.  No  laborer,  workman  or  mechanic  so  employed  shall  be 
requested  or  required  to  work  more  than  eight  hours  in  any  one 
calendar  day  or  more  than  forty-eight  hours  in  any  one  week 
except  in  cases  of  extraordinary  emergency.  Only  a  case  of 
danger  to  property,  to  life,  to  public  safety  or  to  public  health 
shall  be  considered  a  case  of  extraordinary  emergency  within  the 
meaning  of  this  section.  Threat  of  loss  of  employment  or  threat 
to  obstruct  or  prevent  the  obtaining  of  employment,  or  threat  to 
refrain  from  employing  in  the  future  shall  be  considered  requir- 
ing, within  the  meaning  of  this  section.  Engineers  shall  be  con- 
sidered mechanics  within  the  meaning  of  this  section.  But  in 
cases  where  a  weekly  half -holiday  is  given,  the  hours  of  labor 
upon  the  other  working  days  of  the  week  may  be  increased  suffi- 
ciently to  make  a  total  of  forty-eight  hours  for  the  week's  work. 

SECTION  38.  Every  contract,  except  contracts  for  the  purchase 
of  material  or  supplies,  to  which  the  commonwealth,  or  any 
county  therein,  or  any  city  or  town  which  has  accepted  the  pro- 
visions of  section  twenty  of  chapter  one  hundred  and  six  of  the 
Revised  Laws,  or  may  accept  the  provisions  of  section  forty-two 
of  this  act,  is  a  party,  which  may  involve  the  employment  of 
laborers,  workmen  or  mechanics  shall  contain  a  stipulation  that 
no  laborer,  workman  or  mechanic  working  within  this  common- 
wealth in  the  employ  of  the  contractor,  sub-contractor  or  other 


MUNICIPAL  LIGHTING  PLANTS.  87 

person  doing  or  contracting  to  do  the  whole  or  a  part  of  the 
work  contemplated  by  the  contract  shall  be  requested  or  re- 
quired to  work  more  than  eight  hours  in  any  one  calendar  day 
and  every  such  contract  which  does  not  contain  this  stipulation 
shall  be  null  and  void. 

SECTION  39.     The  two  preceding  sections  shall  apply  to  all  Extent  of 

,     application 
laborers,  workmen  or  mechanics  engaged  upon  any  works  which  pftwopreced- 

are  or  are  intended  to  be  the  property  of  the  commonwealth,  or  of  S^e^irl8' 
any  county  therein,  or  of  any  city  or  town  which  has  accepted  1907,  570. 
the  provisions  of  section  twenty  of  chapter  one  hundred  and  six 
of  the  Revised  Laws,  or  may  accept  the  provisions  of  section 
forty-two  of  this   act  whether  such  laborers,  workmen   or  me- 
chanics are  employed  by  public  authority  or  by  a  contractor  or 
other  private  person.    They  shall  not  apply  to  persons  employed 
in  any  state,  county  or  municipal  institution,  on  the  farm,   or 
in  the  care  of  the  grounds,  in  the  stable,  in   the   domestic   or 
kitchen  and  dining-room  service,  or  in  storerooms  and  offices. 

SECTION  40.     Any  person  or  contractor  or  sub-contractor,  or  Penalty, 
any  agent  or  person  acting  on  behalf  of  any  contractor  or  sub-   §  4.  ' 
contractor,  or  any  agent  or  official  of  the  commonwealth  or  of  §9307'  269' 
any  county,  city  or  town  who  violates  any  provision  of  the  three 
preceding  sections  shall  be  subject  to  a  penalty  of  fifty  dollars 
for  each  offence. 

SECTION  41.     The  provisions  of  the  four,  preceding  sections  Application 
shall  not  apply  to  or  affect  contractors  or  sub-contractors  for  cedSTgs^ 
work,  contracts  for  which  were  entered  into  prior  to  the  twenty-  •  VjJoe,  517, 
second  day  of  June  in  the  year  nineteen  hundred  and  six.  §  5- 

SECTION  42.    In  a  city  or  town  which,  by  a  vote  taken  by  bal-  Acceptance 

.  V,  .by  cities,  etc., 

lot  at  an  annual  election,  accepts  the  provisions  of  this  section,  of  eight-hour 
or,  subsequently  to  the  twenty-eighth  day  of  June  in  the  year  R.  L.  106, 
nineteen  hundred  and  seven,  accepted  the  provisions  of  section 
twenty  of  chapter  one  hundred  and  six  of  the  Revised  Laws, 
eight  hours  shall  constitute  a  day's  work  for  all  laborers,  work- 
men and  mechanics  who  are  employed  by  such  city  or  town.  If  a 
petition  for  such  vote,  signed  by  one  hundred  or  more  registered 
voters  of  a  city,  or  twenty-five  or  more  registered  voters  of  a 
town,  is  filed  with  the,  city  or  town  clerk,  respectively,  thirty  days 
or  more  before  an  annual  election  such  vote  shall  be  taken  at 
such  election. 

SECTION  43.     In  a  city  or  town,  which  has  not  accepted  the  Nine  hours 
provisions  of  sections  thirty-seven  or  forty-two,  nine  hours  shall  when.8  v 
constitute  a  day's  work  for  all  laborers,  workmen  and  mechanics  f'-^' 106' 
who  are  employed  by  or  on  behalf  of  such  city  or  town. 


88 


INSPECTION  OF  GAS  AND  GAS  METERS. 


Appointment 
of  inspector 
and  assistants. 
1861,  168, 
§§  1,2. 

1880,  230,  §  1. 
P.  S.  61,  §  1. 
1889,  169. 
1900,  459,  §  1. 
Oath  and 
bond. 
1861,  168, 
§§1,2. 

1880,  230,  §  1. 
P.  S.  61, 
§§  1,3. 
1889,  169. 
1900,  459, 
§§  1,3. 
Repealed. 
1902,  228. 

Inspector 
and  assistant 
inspectors 
to  be  dis- 
interested. 
1861,  168, 
§2. 

1880,  230, 
§  1. 

P.  S.  61,  §  4. 
Repealed. 
1902,  228. 


—  duties  of. 
1861,  168, 
§§  1,  7. 
1864,  296. 
1880,  230, 
§§  1,6. 
P.  S.  61, 
§§5,9. 
1885,  314, 
§  15. 

1900,  459, 
§5. 

Repealed. 
1902,  228. 


CHAPTER  58. 
OF  THE  INSPECTION  OF  GAS  AND  GAS  METERS. 

[SECTION  1.  The  governor,  with  the  advice  and  consent 
of  the  council,  shall  appoint  an  inspector  and  two  assistant 
inspectors  of  gas  meters  and  of  illuminating  gas,  for  a 
term  of  three  years  from  the  date  of  their  respective  ap- 
pointments.] Repealed.  1902,228. 

[SECTION  2.  The  inspector  and  assistant  inspectors 
shall  be  sworn  to  the  faithful  performance  of  their  official 
duties.  The  inspector  shall  give  bond  to  the  treasurer  and 
receiver  general  in  the  penal  sum  of  five  thousand  dollars 
for  the  faithful  performance  of  the  duties  of  his  office, 
and  each  assistant  inspector  shall  give  like  bond  in  the 
penal  sum  of  two  thousand  dollars.] 

[SECTION  3.  The  inspector,  assistant  inspectors  or 
deputy  inspectors  shall  not  be  pecuniarily  interested,  di- 
rectly or  indirectly,  in  the  manufacture  or  sale  of  illumi- 
nating gas,  gas  meters  or  any  article  or  commodity  used 
by  gas  light  companies  or  used  for  any  purpose  connected 
with  the  consumption  of  gas  or  with  a  gas  company,  and 
shall  not  give  certificates  or  written  opinions  to  a  maker 
or  vendor  of  any  such  article  or  commodity.] 

[SECTION  4.  The  inspector  shall  have  an  office  in  Bos- 
ton, which  he  shall  provide  with  such  apparatus  and  chemi- 
cals as  he  deems  necessary  for  the  proper  performance  of 
his  official  duties.  He  shall,  when  required  as  herein- 
after provided,  inspect,  examine,  ascertain  and  prove  the 
accuracy  of  all  gas  meters  which  are  to  be  used  for  measur- 
ing the  quantity  of  illuminating  gas  and  are  to  be  fur- 
nished to  or  for  the  use  of  any  person,  and  shall  seal, 
stamp  or  mark  every  such  meter,. if  found  to  be  correct, 
with  some  suitable  device,  which  shall  be  recorded  in  the 
office  of  the  secretary  of  the  commonwealth,  and  with  the 
inspector's  name,  the  date  of  his  inspection  and  the  num- 
ber of  burners  which  the  meter  is  calculated  to  supply. 
He  shall,  upon  request  of  the  board  of  gas  and  electric 
light  commissioners,  give  to  it  such  information  and  as- 
sistance as  it  may  require  consistent  with  the  duties  of 
his  office,  and  he  shall  also  annually  in  January  report  to 
the  general  court  the  number  of  meters  inspected  and 
sealed  during  the  preceding  year,  with  other  information 


INSPECTION  OF  GAS  AND  GAS  METERS.  89 

which  he  deems  expedient.  The  assistant  inspectors  shall, 
under  the  direction  of  the  inspector,  aid  him  in  perform- 
ing the  duties  of  his  office.] 

[SECTION  5.    If  the  inspector  is  unable  to  attend  to  his  Appointment 
duties  in  any  city  or  town,  he  shall  appoint  for  temporary  ^sp^rs. 
service  one  or  more  deputy  inspectors  of  meters  for  the  J|J^  168> 
county  in  which  such  city  or  town  is  situated.     Such  depu-  J^'  Ig2' 
ties  shall  be  sworn,  shall  act  under  his  direction,  shall  not  J^'6^/  6- 
be  connected  with  or  employed  by  any  gas  company,  and  §  2.  ' 
from  their  decisions  the  gas  company  or  the  consumer  may  1902, 228. 
appeal  to  the  inspector.    For  the  services  of  such  deputies 
in  examining,  comparing  and  testing  meters,  with  or  with- 
out stamping  them,  the  inspector  may  collect  a  fee  of 
twenty-five  cents  for  each  meter  delivering  not  more  than 
a  cubic  foot  of  gas  in  four  revolutions,  vibrations  or  com- 
plete repetitions  of  its  action,  and  for  each  meter  so  deliv- 
ering more  than  a  cubic  foot,  a  fee  of  thirty  cents,  with 
twenty  cents  added  for  every  additional  cubic  foot  so  de- 
livered.    From  such  fees  the  inspector  shall  be  allowed 
annually  not  more  than  twenty-five  hundred  dollars  for 
the  compensation  of  such  deputies;  and  any  excess  shall 
be  paid  into  the  treasury  of  the  commonwealth  by  said  in- 
spector quarterly  on  the  first  Monday  of  January,  April, 
July  and  October  of  each  year.] 

[SECTION    6.      The   salary   of   the   inspector   shall   be  salaries  and 
twenty-five  hundred  dollars  a  year,  and  the  salary  of  the  isei^ies, 
first  assistant  inspector  shall  be  fifteen  hundred  dollars  a  l^  172> 
year  and  the  salary  of  the  second  assistant  inspector  shall  {^  230 
be  twelve  hundred  dollars  a  year.    They  shall  also  be  paid  §,§  i.'^  §'  2 
all  actual  travelling  expenses  necessarily  incurred  by  them  18*99, 465,  §  i. 
in  the  performance  of  their  official  duties.     The  inspector  §§2/5. 
shall  be  allowed  annually  not  more  than  sixteen  hundred  ?/?!,  228. 
dollars  for  the  payment  of  the  cost  of  apparatus  and  office 
rent  and  expenses.     Said  salaries  and  expenses  shall  be 
paid  by  the  commonwealth,  but  no  larger  amount  shall  be 
so  paid  than  is  actually  paid  into  the  treasury  in  the  man- 
ner provided  in  the  following  section.] 

[SECTION  7.    The  amount  of  the  salaries  of  the  in how  paid. 

spector  and  of  the  assistant  inspectors  and  of  their  trav-  §  3.  ' 
elling  expenses,  with  any  expenses   incurred   under  the  p8  s8)62i!3§  7. 
provisions  of  sections  four  and  five,  less  the  amount  de-  §9400>  459> 
posited  with  the  treasurer  and  receiver  general  from  the 


90 


INSPECTION  OF  GAS  AND   GAS  METERS. 


Powers  and 
duties  of  in- 
spector of  gas 
meters,  etc., 
transferred 
to  gas  and 
electric  light 
commis- 
sioners. 


Inspectors, 
appointment, 
term,  etc. 


fees  for  the  inspection  of  meters,  shall  be  annually  assessed 
by  the  tax  commissioners  upon,  and  paid  into  the  treasury 
of  the  commonwealth  by,  the  several  gas  companies  in  the 
commonwealth,  in  proportion  to  their  appraised  valuation 
as  declared  in  the  returns  required  to  be  made  by  them 
to  the  assessors  annually  in  May ;  and  if  any  such  company 
refuses  or  neglects,  for  thirty  days  after  written  notice 
given  by  the  treasurer  and  receiver  general,  to  pay  into 
the  treasury  the  amount  required  of  such  company  on  ac- 
count of  such  salaries  and  expenses,  the  said  treasurer 
shall,  in  the  name  of  and  for  the  use  of  the  commonwealth, 
sue  such  company  for  such  amount,  with  interest  thereon 
at  the  rate  of  ten  per  cent  per  annum  from  the  time  when 
said  notice  was  given,  and  for  the  costs  of  the  action.  If 
at  any  time,  however,  the  amount  of  fees  collected  under 
the  provisions  of  section  five  shall  exceed  the  amount  of 
the  salaries  and  the  travelling  expenses  and  other  expenses 
of  the  inspector  and  the  assistant  inspectors,  such  excess 
shall  be  applied  to  reduce  the  annual  assessment  levied 
upon  the  several  gas  companies  for  the  annual  expenses 
of  the  board  of  gas  and  electric  light  commissioners  under 
the  provisions  of  chapter  one  hundred  and  twenty-one.] 

Acts  of  1902,  Chapter  228. 

An  Act  to  transfer  the  Powers  and  Duties  of  the  Inspector  of 
Gas  Meters  and  of  Illuminating  Gas  to  the  Board  of  Gas  and 
Electric  Light  Commissioners. 

SECTION  1.  The  powers  and  duties  heretofore  conferred  and 
imposed  upon  the  inspector  of  gas  meters  and  of  illuminating  gas 
are  hereby  conferred  and  imposed  upon  the  board  of  gas  and  elec- 
tric light  commissioners.  The  care  and  custody  of  all  property  of 
the  Commonwealth  in  the  possession  of  said  inspector  are  hereby 
transferred  to  said  board. 

SECTION  2.  Said  board  shall  have  under  their  control  an  in- 
spector and  one  or  more  assistant  inspectors,  who  shall  be  ap- 
pointed by  the  governor,  with  the  advice  and  consent  of  the 
council,  for  terms  of  three  years  from  the  dates  of  their  respective 
appointments,  and  who  shall  be  sworn  to  the  faithful  performance 
of  their  official  duties.  The  inspector,  assistant  inspectors,  and 
the  deputy  inspectors  hereinafter  provided  for,  shall  not  be 
pecuniarily  interested,  directly  or  indirectly,  in  the  manufacture 
or  sale  of  illuminating  gas,  of  gas  meters,  or  of  any  other  article 
or  commodity  used  by  gas  light  companies  or  used  for  any  pur- 


INSPECTION  OF  GAS  AND   GAS   METERS.  91 

pose  connected  with  the  consumption  of  gas  or  with  gas  com- 
panies, and  shall  not  give  certificates  or  written  opinions  to 
makers  or  vendors  of  any  such  articles  or  commodities. 

[SECTION  3.     Said  inspectors,  subject  to  the  rules  and  regula-  Powers  and 
tions  prescribed  by  the  board,  shall  make  the  inspections  of  gas  sJ&JSewf*. 
required  by  section  fourteen  of  chapter  fifty-eight  of  the  Revised   §9509' 483> 
Laws,  and  shall  inspect,  examine,  ascertain  and  prove  the  accuracy 
of  all  gas  meters  which  are  used  for  measuring  the  quantity  of 
illuminating  gas  and  are  to  be  furnished  to  or  for  the  use  of  any 
person,  and  shall  seal,  stamp  or  mark  every  such  meter,  if  it  be 
found  correct,  with  some  suitable  device,  which  shall  be  recorded 
in  the  office  of  the  secretary  of  the  commonwealth,  and  with  the 
name  of  the  inspector,  the  date  of  the  inspection  and  the  number 
of  burners  which  the  meter  is  intended  to  supply.    They  shall  also 
perform  such  other  duties  and  make  such  reports  of  their  doings 
as  the  board  may  require.] 

Section  3.     Said  inspectors,  subject  to  the  rules  and  regulations  Powers  and 
prescribed  by  the  board  of  gas  and  electric  light  commissioners,  inspectors, 
shall  make  the  inspections  of  gas  required  by  section  fourteen  of  |9509' 483> 
chapter  fifty-eight  of  the  Revised  Laws,  and  shall  inspect,  examine, 
ascertain  and  prove  the  accuracy  of  all  meters  which  are  to  be  used 
for  measuring  illuminating  gas  and  are  to  be  furnished  to  or  for 
the  use  of  any  consumer  or  company,  and  shall  seal,  stamp  or 
mark  every  such  meter,  if  it  be  found  correct,  with  some  suitable 
device  which  shall  be  determined  by  the  board  and  recorded  in 
the  office  of  the  secretary  of  the  commonwealth.     They  shall  also 
perform  such  other  duties  and  make  such  reports  of  their  doings 
as  the  said  board  may  require. 

[SECTION  4.    If  the  inspectors  at  any  time  are  unable  fully  to  Deputy  in- 
perform  the  duties  required  of  them  by  this  act  the  board  shall 
appoint  for  temporary  service  one  or  more  deputy  inspectors  of 
meters,  and  shall  determine  their  compensation.    Any  person  now 
in  the  service  of  the  inspector  of  gas  meters  and  of  illuminating  §  6. 
gas  may  be  appointed  or  employed  as  such  deputy  without  civil 
service  examination.    Such  deputies  shall  be  sworn,  shall  act  under 
the  direction  of  said  board,  shall  not  be  connected  with  or  em- 
ployed by  any  gas  company,  and  from  their  decisions  the  gas  com- 
pany or  the  consumer  may  appeal  to  the  board.] 

Section  4.    The  board  may  from  time  to  time,  if  in  its  opinion  Deputy  in- 
such  action  is  necessary,  appoint  one  or  more  deputy  inspectors 
of  meters  for  such  term  not  exceeding  one  year  and  at  such  com- 
pensation  as  the  board  may  determine.     Any  person  now  in  the  §  6- 


92 


INSPECTION  OF  GAS  AND  GAS  METERS. 


Fees. 

Substitute. 
1909,483, 
§7. 

See  also 
1908,469. 
Affected. 
1909,  318. 


Fees. 

1909,488, 

§7. 


Compensa- 
tion of  in- 
spectors, etc. 
Repeal  and 
substitute. 
1907,  54,  §  2. 
See  also  1908, 
536,  §  2. 
Substitute. 
1909,483, 

M. 


Compensa- 
tion of  in- 
spectors, etc. 
1909,483, 


service  of  the  board  as  a  deputy  inspector  of  meters  may  be  so 
appointed  or  employed  without  civil  service  examination.  Such 
deputy  inspectors  of  meters  shall  be  sworn,  shall  act  under  the 
direction  of  said  board,  shall  not  be  connected  with  or  employed 
by  any  gas  company,  and  from  their  decisions  the  gas  company 
or  the  consumer  may  appeal  to  the  board. 

[SECTION  5.  For  examining,  comparing  and  testing  meters, 
with  or  without  stamping  them,  the  board  may  collect  a  fee  of 
twenty-five  cents  for  each  meter  delivering  not  more  than  a  cubic 
foot  of  gas  in  four  revolutions,  vibrations  or  complete  repetitions 
of  its  action,  and  for  each  meter  so  delivering  more  than  a  cubic 
foot,  a  fee  of  thirty  cents  with  twenty  cents  added  for  every 
additional  cubic  foot  so  delivered.  The  board  shall  designate  one 
of  its  members  to  receive  said  fees,  who  shall  give  a  bond  to  the 
treasurer  and  receiver  general  in  the  penal  sum  of  five  thousand 
dollars.  All  fees  so  received  shall  be  paid  into  the  treasury  of  the 
Commonwealth  quarterly,  on  the  last  days  of  March,  June, 
September  and  December  in  each  year.] 

Section  5.  For  examining,  comparing  and  testing  meters,  with 
or  without  stamping  them,  the  board  may  collect  a  fee  of  twenty- 
five  cents  for  each  meter  delivering  not  more  than  a  cubic  foot 
of  gas  in  four  revolutions,  vibrations  or  complete  repetitions  of 
its  action,  and  for  each  meter  so  delivering  more  than  a  cubic 
foot,  a  fee  of  thirty  cents  with  twenty  cents  added  for  every 
additional  cubic  foot  so  delivered.  For  examining,  comparing, 
testing  or  calibrating  meter  provers  and  test  or  photometer  meters, 
with  or  without  sealing  or  certifying  to  the  same,  the  board  may 
collect  such  fees  as  it  may  from  time  to  time  establish  therefor. 
The  board  shall  designate  one  of  its  members  to  receive  all  fees, 
who  shall  give  a  bond  to  the  treasurer  and  receiver  general  in  the 
penal  sum  of  five  thousand  dollars. 

[SECTION  6.  The  salary  of  the  inspector  shall  be  twenty-five 
hundred  dollars  a  year,  the  salary  of  the  first  assistant  inspector 
shall  be  fifteen  hundred  dollars  a  year,  and  the  salary  of  the  sec- 
ond assistant  inspector,  if  there  be  one  appointed,  shall  be  twelve 
hundred  dollars  a  year,  and  the  board  may  expend  annually  a  sum 
not  exceeding  five  thousand  dollars  for  the  compensation  of  dep- 
uties and  for  necessary  apparatus,  travelling  expenses,  office  rent 
and  expenses,  and  for  other  necessary  expenses  incident  to  the 
duties  of  said  inspectors.] 

Section  6.  Except  as  provided  in  chapter  five  hundred  and 
thirty-six  of  the  acts  of  the  year  nineteen  hundred  and  eight,  the 
salary  of  the  inspector  of  gas  and  gas  meters  shall  be  twenty-five 


INSPECTION  OF  GAS  AND  GAS  METERS.  93 

hundred  dollars  a  year  and  the  board  may  expend  annually  for 
the  compensation  of  assistant  inspectors  and  deputy  inspectors 
of  meters  and  for  necessary  apparatus,  travelling  expenses,  office 
rent  and  expenses,  and  for  other  necessary  expenses  incidental  to 
the  duties  of  said  inspectors  such  sums  of  money  as  may  from  time 
to  time  be  appropriated  therefor  by  the  legislature. 

(For  Acts  of  1907,  chapter  54,  §  2,  see  page  11.) 

(For  Acts  of  1908,  chapter  536,  see  page  11.) 

SECTION  7.  The  amount  of  the  expenses  incurred  by  the  board  Payment  of 
under  this  act,  and  of  salaries  paid  thereunder,  less  the  amount  board,  etc. 
deposited  with  the  treasurer  and  receiver  general  from  the  fees  for 
the  inspection  of  meters,  shall  be  borne  by  the  several  gas  com- 
panies in  proportion  to  their  gross  earnings,  and  shall  be  assessed 
and  recovered  in  the  manner  provided  by  section  ten  of  chapter 
one  hundred  and  eleven  of  the  Revised  Laws  for  the  assessment 
and  recovery  of  the  expenses  of  the  railroad  commissioners.  If  at 
any  time  however  the  amount  collected  under  the  provisions  of 
section  five  hereof  shall  exceed  the  amount  of  such  salaries  and 
expenses,  such  excess  shall  be  applied  to  reduce  the  annual  assess- 
ment levied  upon  the  several  gas  companies  under  the  provisions 
of  chapter  one  hundred  and  twenty-one  of  the  Revised  Laws,  for 
the  annual  expenses  of  the  board. 

SECTION  8.     Sections  one,  two,  three,  four,  five,  six  and  seven  Repeal, 
of  chapter  fifty-eight  of  the  Revised  Laws,  and  so  much  of  section 
seven  of  chapter  nine  thereof  as  relates  to  the  annual  report  of  the 
inspector  of  .gas  and  gas  meters,  are  hereby  repealed. 

SECTION  9.    So  much  of  this  act  as  relates  to  the  appointment  When  to 
of  the  inspector  and  assistant  inspectors  shall  take  effect  upon  its 
passage,  and  the  remainder  of  this  act  shall  take  effect  as  soon  as 
said  officers  are  appointed  and  qualified.     [Approved  March  27, 
1902. 

Acts  of  1908.  Chapter  469. 

An  Act  to  provide  for  reimbursing  Certain  Officials  for  Premiums 
paid  for  procuring  Sureties  on  their  Bonds. 

SECTION  1.    When  an  official  who  has  the  custody  of  property  Officials 
of  the  commonwealth,  or  who  is  charged  with  the  duty  of  receiv-  fdliJefeinv 
ing  or  disbursing  money,  is  required  to  give  bond  to  the  common-  bursed' etc- 
wealth  for  the  faithful  discharge  of  his  duty,  the  commonwealth 
shall  reimburse  him  for  the  amount  paid  by  him  to  a  surety  com- 
pany for  becoming  surety  on  his  official  bond. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage.     [Ap- 
proved May  1,  1908. 


94 


INSPECTION  OF  GAS  AND  GAS   METERS. 


Certain  fees 
to  be  paid 
into  the 
treasury. 

Repeal. 


Unit  of 

measure  for 

gas. 

1861,  168. 

§  5. 

P.  S.  61,  §  8. 


Test  gas 
holders  and 
meters  to  be 
provided. 
1861,  161, 

P8S.  61,  §  10. 
Substitute. 
1909,483, 
§1. 


Acts  of  1909,  Chapter  318. 

An  Act  relative  to  the  Receipts  of  the  Board  of  Gas  and  Electric 
Light  Commissioners. 

SECTION  1.  All  fees  received  by  the  board  of  gas  and  electric 
light  commissioners  shall  be  paid  into  the  treasury  of  the  com- 
monwealth monthly,  upon  the  last  business  day  of  each  month. 

SECTION  2.  So  much  of  section  five  of  chapter  two  hundred 
and  twenty-eight  of  the  acts  of  the  year  nineteen  hundred  and 
two  as  is  inconsistent  herewith  is  hereby  repealed. 

SECTION  3.  This  act  shall  take  effect  upon  its  passage.  [Ap- 
proved April  26,  1909. 

SECTION  8.  The  unit  of  measure  for  the  sale  of  illu- 
minating gas  by  meter  shall  be  the  cubic  foot,  containing 
sixty-two  and  three  hundred  and  twenty-one  one-thou- 
sandths pounds  avoirdupois  weight  of  distilled  or  rain 
water,  weighed  in  air  of  the  temperature  of  sixty-two 
degrees,  Fahrenheit  scale,  the  barometer  being  at  thirty 
inches. 

[SECTION  9.  Every  gas  light  company  with  a  capital 
paid  in  of  one  hundred  thousand  dollars  or  more  and 
every  maker  and  vendor  of  meters  shall  set  up  at  some 
convenient  place  upon  their  premises  a  gas  holder  contain- 
ing five  or  more  cubic  feet,  which  shall  be  tested  and,  if 
correct,  stamped  and  sealed,  and  by  means  of  which  meters 
shall  be  tested  at  the  average  pressure  at  which  gas  is  sup- 
plied in  the  city  or  town  in  which  they  are  to  be  used, 
attention  being  paid  to  the  temperature  of  the  room  where 
the  trial  is  made.  Every  gas  light  company  shall  provide 
a  test  meter,  of  a  construction  approved  by  the  inspector 
and  stamped  by  him,  which  shall  be  used  in  cities  and 
towns  in  which  no  test  gas  holders  are  provided  or  if  prov- 
ing by  a  gas  holder  is  impracticable  or  inconvenient.  In 
the  examination  of  a  meter,  the  inspector  shall  see  that  it 
is  of  an  approved  principle,  shall  give  particular  atten- 
tion to  the  measure  of  the  dial  plate  and  shall  prove  the 
meter  when  set  level,  and  that  it  is  capable  of  accurately 
passing  gas  at  the  rate  of  six  cubic  feet  an  hour  for  each 
burner  which  the  manufacturer  has  stamped  it  to  register. 
A  dry  meter  shall  not  be  stamped  correct  if  it  varies  more 
than  two  per  cent  from  the  standard  measure,  and  a  wet 
meter  shall  not  be  stamped  correct  if  it  is  capable  of  regis- 
tering more  than  two  per  cent  against  the  consumer  or  more 


INSPECTION  OF  GAS  AND  GAS   METERS.  95 

than  five  per  cent  against  the  company.  The  inspector 
shall  keep  at  his  office  a  correct  record  of  all  meters  in- 
spected by  him,  with  their  proof  at  the  time  of  inspection, 
which  shall  be  open  at  all  times  for  examination  by  the 
officers  of  any  gas  light  company  in  the  commonwealth.] 

Section  9.    Every  oas  light  company  with  a  capital  paid  Certain  gas 

r  7          77/7  7      7    77  i  light  com- 

in  of  one  hundred  thousand  dollars  or  more,  and  every  panics  to  pro- 
other  gas  light  company  if  required  by  the  board  of  gas  and  JJ™' «r? '«««. 
electric  light  commissioners,  and  all  makers  and  vendors  ™°9>488> 
of  meters  shall  set  up  at  some  convenient  place  upon  their 
premises  one  or  more  meter  provers  of  a  size  and  type  ap- 
proved by  the  board  and  tested  and  calibrated  by  the  board, 
by  means  of  which  meters  may  be  tested.    A  meter  shall  not 
be  stamped  correct  if  it  varies  more  than  two  per  cent  from 
the  standard  measure.     The  board  shall  keep  a  correct 
record  of  all  meters  examined  by  its  inspectors  with  their 
proof  at  the  time  of  inspection,  which  shall  be  open  at  all 
times  for  examination  by  the  officers  of  any  gas  light  com- 
pany in  the  commonwealth. 

SECTION   10.     A  gas  company  providing  a  meter  for  Meters  to  be 
measuring  gas  supplied  to  a  customer  which  has  not  been  i'sei^ies, 
duly  sealed  and  stamped  shall  be  punished  by  a  fine  of  i868o,  230, 
five  dollars  for  every  such  meter  in  use,  payable  to  the  city  |>3g  61i  §  n> 
or  town  in  which  the  meter  is  situated. 

SECTION  11.     Meters  in  use  shall  be  tested  by  the  in-  Testing  of 
spector  or  by  one  of  his  assistants  or  a  deputy  on  the  J?se.ers 
request  of  the  consumer  or  of  the  gas  light  company,  in  §8961' 168' 
the  presence  of  the  consumer  if  desired,  and  with  sealed  P-  s* 61' 8 12* 
apparatus.     If  he  finds  that  the  meter  is  correct,  the  per- 
son requesting  the  inspection  shall  pay  the  fees  for  such 
inspection  and  the  expense  of  removing  the  meter  for  the 
purpose  of  being  tested,   and  the  re-inspection  shall  be 
stamped  on  the  meter.    If  he  finds  that  the  meter  is  incor- 
rect, the  gas  light  company  shall  pay  such  expenses  and 
shall  furnish  a  new  meter  without  charge  to  the  consumer. 

SECTION  12.    Meters  for  measuring  gas  supplied  to  con-  Meters  to 
sumers  shall  register  the  quantity  of  gas  passing  through  pifiSy! 
them  in  cubic  feet  so  that  the  number  of  cubic  feet  of  |8686>  346' 
gas  consumed  can  be  easily  ascertained  by  the  consumer 
thereof.     No  meter  shall  be  used  which  may  confuse  or 
deceive  the  consumer  in  ascertaining  the  price  he  pays  per 
thousand  cubic  feet  or  the  number  of  cubic  feet  consumed. 
No  charge  for  the  use  of  a  meter  during  any  portion  of 


96 


INSPECTION  OF  GAS  AND   GAS   METERS. 


Gas  companies 

to  furnish 

photometer. 

1880,  230, 

§  4. 

P.  S.  61,  §  13. 

1885,  240, 

§  1. 

Substitute. 

1909,483, 

§2. 


Disc  photom- 
eters to  be 
provided,  etc. 
1909,483, 
§2. 


Inspection 
of  gas  by 
photometer. 
1861,  168, 
§  10. 

1880,  230, 
§  5. 
P.  S.  61,  §  14. 

1885,  240, 

1886,  250. 
1890,  252. 
1892,  67. 
[lOp.  A.  G. 
550.J 
Amended. 
1903,464. 
Substitute. 
1909,  483, 


twelve  consecutive  months  shall  be  made  if  the  consumer 
during  said  time  uses  gas  to  the  value  of  seven  dollars. 

[SECTION  13.  Every  gas  light  company  which  annually 
manufactures  more  than  fifteen  million  cubic  feet  of  gas, 
made  and  sold  for  illuminating  purposes,  shall  provide  a 
suitable  room,  at  least  a  quarter  of  a  mile  from  the  gas 
works,  containing  a  disc  photometer  of  a  construction  ap- 
proved by  the  inspector,  which  shall  be  open  to  the  in- 
spector and  his  assistants  on  every  working  day  from  eight 
o'clock  in  the  morning  until  six  o'clock  in  the  afternoon.] 

Section  13.  Every  gas  light  company  which  annually 
manufactures  or  sells  more  than  fifteen  million  cubic  feet 
of  gas  shall,  when  required  by  the  board  of  gas  and  electric 
light  commissioners,  provide  and  maintain  a  suitable  room 
at  least  a  quarter  of  a  mile  from  the  gas  works  ivith  a  disc 
photometer  and  its  appurtenances  of  a  construction  ap- 
proved by  the  board,  which  shall  be  open  to  the  inspector 
and  assistant  inspectors  on  every  working  day  from  eight 
o'clock  in  the  morning  until  six  o'clock  in  the  afternoon. 

[SECTION  14.  The -gas  of  every  company  which  supplies 
more  than  fifty  consumers,  except  gas  made  and  used  ex- 
clusively for  heating,  cooking,  chemical  and  mechanical 
purposes,  shall  be  inspected  at  least  twice  a  year,  [and 
once  additionally  for  every  six  million  cubic  feet  of  gas 
supplied  by  each  company;  but  not  oftener  than  once  a 
week.]  and  as  much  oftener  as  the  board  of  gas  and  electric 
light  commissioners  may  determine.  The  gas  of  every 
company  supplying  not  more  than  three,  hundred  million 
cubic  feet  annually  shall  be  inspected  at  least  once  for  every 
six  million  cubic  feet  supplied,  and  the  gas  of  every  com- 
pany supplying  more  than  three  hundred  million  cubic  feet 
annually  shall  be  inspected  at  least  once  a  week.  All  such 
inspections  shall  be  made  by  the  inspector  or  one  of  his 
assistants,  and  one-fourth  at  least  of  all  such  inspections 
shall  be  made  by  the  inspector.  The  gas  shall  be  tested  for 
illuminating  power  by  means  of  a  disc  photometer  and, 
during  such  test,  shall  be  burned  from  the  burner  best 
adapted  to  it,  which  is  at  the  same  time  suitable  for  domes- 
tic use,  and  at  as  near  the  rate  of  five  feet  an  hour  as  is 
practicable.  If  the  gas  of  any  company  is  found  on  three 
consecutive  inspections  or  on  three  inspections  made  within 
a  period  of  thirty  consecutive  days,  to  give  less  light  than 
sixteen  standard  English  candles,  or  to  contain  more  than 


INSPECTION  OF  GAS  AND   GAS   METERS.  97 

twenty  grains  of  sulphur  or  ten  grains  of  ammonia  per 
hundred  cubic  feet  of  gas,  or  any  sulphuretted  hydrogen,  a 
fine  of  one  hundred  dollars  shall  be  paid  by  such  company 
to  each  city  or  town  supplied  by  it.  If  during  the  test  the 
consumption  of  gas  varies  from  five  feet  an  hour,  or  the 
candle  from  one  hundred  and  twenty  grains  an  hour,  a  pro- 
portionate correction  shall  be  made  for  the  candle  power. 
Upon  such  complaint  and  after  such  notice  and  hearing  as 
are  provided  for  in  section  thirty-four  of  chapter  one  hun- 
dred and  twenty-one  of  the  Revised  Laws  the  board  of  gas 
and  electric  light  commissioners  may  require  a  company 
to  supply  such  a  gas  as  will  give,  when  tested  in  the  man- 
ner prescribed  in  this  section,  a  light  equivalent  to  such 
number  of  standard  English  candles,  not  less  than  sixteen, 
as  said  board  may  determine.'] 

Section  14-     The  qas  of  every  company  which  supplies  inspection 

,,  ~T  j.  J  J  j          7        of  gas,  etc. 

more  than  fifty  consumers,  except  gas  made  and  used  exclu-  1000, 433, 
sively  for  heating,  cooking,  chemical  and  mechanical  pur- 
poses, shall  be  inspected  at  least  twice  a  year  and  as  much 
oftener  as  the  board  of  gas  and  electric  light  commissioners 
may  determine.  The  gas  shall  be  tested  for  illuminating 
power  by  means  of  a  disc  photometer  and,  during  such  test, 
shall  be  burned  from  the  burner  best  adapted  to  it,  which  is 
at  the  same  time  suitable  for  domestic  use,  and  at  as  near 
the  rate  of  five  feet  an  hour  as  is  practicable.  The  board 
of  gas  and  electric  light  commissioners  shall,  for  the  pur- 
pose of  establishing  a  standard  of  purity  for  gas,  and  after 
a  public  hearing,  determine  how  many  grains  of  sulphur 
and  ammonia  per  hundred  cubic  feet  of  gas  may  be  per- 
mitted, and  the  board  shall  have  power  to  change  such 
standards  from  time  to  time,  after  a  public  hearing;  but  not 
more  than  thirty  grains  of  sulphur  per  hundred  cubic  feet 
and  no  sulphuretted  hydrogen  shall  be  allowed. 

If  the  gas  of  any  gas  company  or  of  any  city  or  town 
supplying  gas  is  found  on  'three  consecutive  inspections, 
or  on  three  inspections  made  within  a  period  of  thirty  con- 
secutive days,  to  give  less  light  than  sixteen  standard  Eng- 
lish candles,  or  upon  such  averaging  of  inspections  as  the 
board  may  prescribe,  to  be  below  the  standard  of  purity 
fixed  under  this  act,  unless  such  defect  is  in  the  opinion  of 
the  board  due  to  unavoidable  cause  or  accident,  a  fine  of 
one  hundred  dollars  shall  be  paid  by  such  company,  city  or 
town  into  the  treasury  of  the  commonwealth. 


98 


INSPECTION  OF  GAS  AND   GAS   METERS. 


Entry  on 

premises  to 

examine 

meters,  etc. 

1861,  168, 

§  11. 

P.  S.  61,  §  15. 


Company  may 
shut  off  gas 
for  arrears. 
1861,  168, 
§  12. 

P.  S.  61,  §  16. 
1894,  316. 
199  Mass.  325. 


If  during  the  test  the  consumption  of  gas  varies  from 
five  feet  an  hour,  or  the  candle  from  one  hundred  and 
twenty  grains  an  hour,  a  proportionate  correction  shall  be 
made  for  the  candle  power.  Upon  such  complaint  and 
after  such  notice  and  hearing  as  are  provided  for  by  section 
thirty-four  of  chapter  one  hundred  and  twenty-one  of  the 
Revised  Laws  the  board  may  require  a  company  to  supply 
such  gas  as  will  give,  when  tested  in  the  manner  prescribed 
in  this  section,  a  light  equivalent  to  such  number  of  stand- 
ard English  candles,  not  less  than  sixteen,  as  said  board 
may  determine. 

SECTION  15.  An  officer  or  servant  of  a  gas  light  com- 
pany, who  is  duly  authorized  in  writing  by  the  president, 
treasurer,  agent  or  secretary  of  said  company,  may  at  any 
reasonable  time  enter  any  premises  which  are  supplied 
with  gas  by  such  company  for  the  purpose  of  examining 
or  removing  the  meters,  pipes,  fittings,  and  works  for  sup- 
plying or  regulating  the  supply  of  gas  and  of  ascertaining 
the  quantity  of  gas  consumed  or  supplied ;  and  if  any  per- 
son, directly  or  indirectly,  prevents  or  hinders  such  officer 
or  servant  from  so  entering  such  premises  or  from  making 
such  examination  or  removal,  such  officer  or  servant  may 
make  complaint  to  any  court  or  magistrate  authorized  to 
issue  criminal  process  who  may  thereupon  issue  a  warrant 
directed  to  the  sheriff  or  to  either  of  his  deputies,  or  to  a 
constable  of  the  city  or  town  in  which  such  company  is 
located,  commanding  him  to  take  sufficient  aid  and  repair 
to  said  premises  accompanied  by  such  officer  or  servant, 
who  shall  examine  such  meters,  pipes,  fittings  and  works 
for  supplying  or  regulating  the  supply  of  gas,  and  ascer- 
tain the  quantity  of  gas  consumed  or  supplied  therein,  and 
shall,  if  required,  remove  any  meters,  pipes,  fittings  and 
works  belonging  to  said  company. 

SECTION  16.  A  gas  or  electric  light  company  may  stop 
gas  or  electricity  from  entering  the  premises  of  any  per- 
son who  neglects  or  refuses  to  pay  the  amount  due  therefor 
or  for  the  use  of  the  meter  or  other  article  hired  by  him 
from  such  company;  and,  for  such  purpose,  the  officers, 
servants  or  workmen  thereof  may,  after  twenty-four  hours' 
notice,  enter  his  premises  between  the  hours  of  eight  in  the 
forenoon  and  four  in  the  afternoon  and  separate  and  take 
away  such  meter  or  other  property  of  the  company,  and 
may  disconnect  any  meter,  pipe,  wires,  fittings  or  other 


INSPECTION  OF  GAS  AND  GAS   METERS.  99 

works,  whether  they  are  property  of  the  company  or  not, 
from  the  mains,  pipes  or  wires  of  the  company. 

SECTION  17.    A  e;as  or  electric  light  company  shall  not  Refusal  of 
j?  i  i    *  •  -4.     £  i;  "IJ-  supply  re- 

refuse  to  supply  gas  or  electricity  for  any  building  or  stricted. 

premises  to  a  person  applying  therefor  who  is  not  in  ar-  199  Mass/325. 
rears  to  it  for  any  gas  or  electricity  previously  supplied  to 
him  because  a  bill  for  gas  or  electricity  remains  unpaid  by 
a  previous  occupant  of  such  building  or  premises. 

SECTION  18.    Whoever  wilfully  or  fraudulently  injures  Penalty  for 
or  suffers  to  be  injured  any  meter,  pipes  or  fittings  which  SJ£frfnJt*as 
belong  to  a  gas  light  company,  or  prevents  a  meter  from  If6^,1!6^' 
duly  registering  the  quantity  of  gas  supplied  through  the  ^s.6i,§§i7, 
same,  or  in  any  way  hinders  or  interferes  with  its  proper  4  Allen»  308- 
action  or  just  registration,  or  fraudulently  burns  or  wastes 
the  gas  of  such  company,  or  whoever  attaches  a  pipe  to  a 
main  or  pipe  belonging  to  a  gas  light  company  or,  without 
the  written  consent  of  such  company,  uses  or  causes  to  be 
used  any  gas  supplied  by  it,  unless  the  same  passes  through 
a  meter  set  by  the  company,  shall  for  every  such  offence 
forfeit  to  the  company  not  more  than  one  hundred  dollars 
and  the  damage  sustained  thereby. 

[SECTION  19.    The  provisions  of  this  chapter  shall  apply  Application 
to  all  companies  which  manufacture  or  distribute  gas  for  isei^es,' 
sale,  and  the  term  "  gas  company  "  shall  include  all  per-  p.1!;  6i,  §  19. 
sons  who  own  or  operate  works  for  the  manufacture  and  s^iSute. §  7' 
sale  of  gas  for  heating  or  illuminating  purposes.]  woo,  433, 

Section  19.     The  provisions  of  this  chapter  shall  apply  Application 
to  all  persons,  corporations  and  municipalities  which  man-  ^gol^ss, 
ufacture  or  distribute  gas  for  sale  and  the  terms  "  gas  com-  §  4' 
pany  "  and  "  gas  light  company  "  shall  be  construed  as- 
including  all  persons,  companies  and  municipalities  own- 
ing or  operating  works  for  the  manufacture  and  sale  of  gas 
for  heating  or  illuminating  purposes. 


100 


MANUFACTURING  AND  OTHER  CORPORATIONS. 


CHAPTER  110. 
OF  MANUFACTURING  AND  OTHER  CORPORATIONS. 

(Omitting  sections  which  expressly  do  not  apply  to  gas  or  electric  com- 
panies.) 

SECTION  1.  —  Commissioner  of  Corporations. 

SECTIONS      2,  3.  —  Corporations  Governed  by  this  Chapter. 

SECTIONS     4-21.  —  Formation  of  Corporations. 

SECTIONS  22-68.  —  Powers  and  Liabilities. 

SECTIONS  69,  70.  —  Co-operative  Associations. 

SECTION  71.  —  Fishing  Associations.     (Omitted.) 

SECTIONS  72-75.  —  Swine  Slaughtering  Associations.     (Omitted.) 

SECTIONS  76-81.  —  Gas,  Pneumatic,  etc.,  Companies. 

SECTIONS  82,  83.  —  Confirmation  of  Organization  or  Proceedings. 

SECTIONS  84,  85.  —  Penalties  for  Omissions  to  File  Certificates,  etc. 

SECTION          86.  —  Fees. 


Commissioner 
of  corpora- 
tions. 
1870,  224, 
§61. 

1879,  288, 
§  1. 

P.  S.  106,  §  1. 
1900,  261. 
180  Mass.  329, 
514. 
184  Mass.  567. 


COMMISSIONER    OF    CORPORATIONS. 

SECTION  1.  The  commissioner  of  corporations  shall  be 
sworn  to  the  faithful  performance  of  his  duties.  •  He  shall 
examine  the  certificates  submitted  to  him  under  the  pro- 
visions of  these  statutes,  and  make  suitable  indorsements 
upon  such  as  conform  to  the  requirements  of  law.  He  shall 
keep  a  record  of  the  names  of  corporations  which  submit 
certificates  to  his  inspection,  with  the  date  of  inspection 
and  of  his  certificates  when  given,  and  the  result  in  brief 
of  his  inspection.  He  shall  bring  instances  of  neglect  or 
of  omission  on  the  part  of  corporations  to  comply  with  the 
provisions  of  this  chapter  to  the  knowledge  of  the  attorney 
general,  for  the  enforcement  of  the  penalties  therefor.  He 
shall  receive  no  fees  for  the  performance  of  his  duties.  If 
a  vacancy  exists  or  if  the  commissioner  is  absent  from  his 
office,  the  first  clerk  shall  perform  the  duties  of  the  com- 
missioner, and  legal  process  served  upon  said  clerk  shall 
have  the  same  force  and  effect  as  if  served  upon  the  com- 
missioner. 


Corporations 
governed  by 
this  chapter. 
R.  S.  38,  §  1. 
G.  S.  60,  §  1. 
1870,  224, 
§§  13,  64,  65. 
1874,  295, 
§  1. 

P.  S.  106, 
§  3;  107,  §  1. 


CORPORATIONS    GOVERNED    BY    THIS    CHAPTER. 

SECTION  2.  All  corporations  organized  or  chartered 
under  or  subject  to  the  provisions  of  this  chapter,  of  -chap- 
ter one  hundred  and  six  or  one  hundred  and  seven  of  the 
Public  Statutes,  of  the  statutes  in  amendment  thereof  or  in 
addition  thereto,  of  chapter  two  hundred  and  ninety-five 
of  the  statutes  of  the  year  eighteen  hundred  and  seventy- 
four,  of  chapter  two  hundred  and  twenty-four  of  the  stat- 


MANUFACTURING  AND  OTHER  CORPORATIONS.  101 

utes  of  the  year  eighteen  hundred  and  seventy,  of  the 
statutes  in  amendment  thereof  or  in  addition  thereto,  of 
chapter  one  hundred  and  eighty-seven  or  two  hundred  and 
ninety  of  the  statutes  of  the  year  eighteen  hundred  and 
sixty-six,  of  chapter  sixty  or  sixty-one  of  the  General  Stat- 
utes, of  chapter  one  hundred  and  thirty-three  of  the  stat- 
utes of  the  year  eighteen  hundred  and  fifty-one,  or  of 
chapter  thirty-eight  of  the  Revised  Statutes,  corporations 
established  by  special  charters  subsequent  to  the  twenty- 
third  day  of  February  in  the  year  eighteen  hundred  and 
thirty  for  the  purpose  of  carrying  on  any  kind  of  manu- 
facture, and  those  which  in  compliance  with  law  have  voted 
to  adopt  the  provisions  of  chapter  fifty-three  of  the  statutes 
of  the  political  year  eighteen  hundred  and  twenty-nine,  of 
chapter  thirty-eight  of  the  Revised  Statutes,  of  chapter 
sixty  of  the  General  Statutes,  of  chapter  two  hundred  and 
twenty-four  of  the  statutes  of  the  year  eighteen  hundred 
and  seventy,  or  of  chapter  one  hundred  and  six  of  the 
Public  Statutes,  and  have  performed  the  things  in  that 
behalf  prescribed  in  the  several  statutes  so  adopted,  and 
those  which  shall  comply  with  the  provisions  of  the  follow- 
ing section  and  the  respective  officers  and  stockholders  of 
all  such  corporations  shall  be  subject  to  the  provisions  of 
this  chapter. 

SECTION  3.     If  any  manufacturing  corporation  char-  Corporations 
tered  before  the  twenty-third  day  of  February  in  the  year  becoCmemsub- 
eighteen  hundred  and  thirty,  at  a  legal  meeting  called  for  ihCap?er!"8 
the  purpose,  accepts  the  provisions  of  this  chapter,  and  §8!239' 53> 
causes  to  be  recorded  in  the  registry  of  deeds  in  the  county  §*§ 
or  district  in  which  such  corporation  is  established  a  cer-  Jj 
tificate,  signed  by  its  president,  treasurer,  clerk  and  a  ma-  \ 
jority  of  its  directors,  stating  the  amount  of  its  capital  1874,  349, 
actually  paid  in,  and,  if  any  part  thereof  has  been  divided  p.  scio6,  §  4. 
or  withdrawn,  the  amount  so  divided  and  withdrawn,  and 
also  the  amount  of  its  debts  and  credits,  and  an  estimate 
of  the  value  of  its  real  and  personal  estate  for  the  purpose 
of  carrying  on  its  business  at  the  time  of  making  such 
certificate ;  and  if  such  officers  make  oath  that  they  have 
carefully  examined  the  records  and  accounts  of  said  corpo- 
ration, and  have  faithfully  estimated  the  value  of  its  prop- 
erty and  funds,  and  that  said  certificate  signed  by  them  is 
true  according  to  their  best  knowledge  and  belief;  then 
such  corporation  with  its  members  and  officers  shall  be  sub- 


102  MANUFACTURING  AND   OTHER  CORPORATIONS. 

ject  to  the  provisions  of  this  chapter  applicable  to  such 
corporations  ;  and  no  stockholder  therein  shall  be  liable  for 
any  debts  of  the  corporation  contracted  after  the  recording 
of  such  certificate,  except  for  the  causes  and  in  the  manner 
hereinafter  provided. 

FORMATION  OF  CORPORATIONS. 

Purposes,  Number  of  Associates  and  Limits  of  Capital 

Stock. 
Formation  of         SECTION  4.     Any  persons,  to  the  number  hereinafter 

corporations.  •111  •  i  •  i 

1851,  133,  §  i.  provided,  who  associate  themselves  by  an  agreement  in 

GK  s%9i,  §  i.  writing  hereinafter  described  with  the  intention  of  form- 

T?.™.'  106,'  s  &.'  ing  a  corporation  for  any  purpose  hereinafter  specified, 

15  Gray!  ill,'  uPon  compljing  with  the  provisions  of  section  twenty,  shall 

494-  be  and  remain  a  corporation.  12  Alien,  273,  362. 

98  Mass.  98.  101  Mass.  381,  385.  fl  Op.  A.  G.  47,  185.] 

SECTION  5.     For  the  purpose  of  carrying  on  any  me- 
chanical  or  manufacturing  business,  except  that  of  distill- 

manuf  actur-         .  ,,  .  .        3     .         .          7  .  x         , 

ing  business,  ing  or  manufacturing  intoxicating  liquors,  three  or  more 

§§1/2.    '  persons  may  associate  themselves,  with  such  capital,  not 

G?s?6i?'§8i!'  less  than  five  thousand  dollars,  as  is  fixed  in  the  agreement 

i8Ti,  110]  1  i'.  °f  association,  and,  for  the  purpose  of  carrying  on  any 

T?7s'io6't7'  mining   business,   three   or   more   persons   may   associate 

1899,  199,  themselves,  with  a  capital  of  not  less  than  five  thousand 

101  Mass.  385.  nor  more  than  one  million  dollars. 

173  Mass.  254. 

r~erative  SECTION  7.     For  the  purpose  of  co-operation  in  carry- 

trgade,et£.  ing  On  any  business  authorized  in  the  two  preceding  sec- 

§§  1/5.  tions,  and  of  co-operative  trade,  seven  or  more  persons  may 

§  3.  '  associate  themselves,  with  a  capital  of  not  less  than  one 

T>.7s!  loS,'  s  9.  thousand  nor  more  than  one  hundred  thousand  dollars. 

g7sfandafaukring  SECTION  9.  For  the  purpose  of  making,  selling  and 
andiSt  water  distributing  gas  for  light,  or  for  heating,  cooking,  chemical 
1855,  146,  §  i.  and  mechanical  purposes,  or  for  the  purpose  of  generating 
G.  s.'ei,  §  is.'  and  furnishing  steam  or  hot  water  for  heating,  cooking  and 

1870,  224,  §  5.  T          .       T  -          ,,  /.  ,  .  i 

1879,  202,  §  i.  mechanical  power,  or  for  the  purpose  of  generating  and 
f  if;  106'  furnishing  hydrostatic  or  pneumatic  pressure  for  mechani- 
1885,  240,  caj  p0wer?  in  any  c[^y  Or  town,  or  for  any  two  or  more 
i89i,  189,  Of  sa^  pllrp0ses,  ten  or  more  persons  may  associate  them- 
selves>  w^tn  a  capital  of  not  less  than  [five]  one  thousand 


Amended,         nor  more  than  five  hundred  thousand  dollars. 

1910,  346. 


MANUFACTURING  AND  OTHER  CORPORATIONS.  103 

SECTION  13.     For  the  purpose  of  carrying  on  any  law-  Formation  of 
ful  business  not  mentioned  in  the  eight  preceding  sections,  for  an™  tu 


except   distilling  or  manufacturing   intoxicating  liquors, 
buying  and  selling  real  estate,  banking,   insurance,   and  Jl^fes. 
any  other  business  the  formation  of  corporations  for  which  J^-  106> 
is  otherwise  regulated  by  these  statutes,  three  or  more  per-  r 


sons  may  associate  themselves,  with  a  capital  of  not  less  iss,  275,' 
than  one  thousand  nor  more  than  one  million  dollars. 

SECTION  14.    Any  or  all  of  the  creditors  of  any  corpora-  corporation 
tion  which  exists  by  authority  of  this  commonwealth  and  buSnlss  of 
is  organized  or  chartered  for  any  purpose  designated  in  corporation.*0'' 
this  chapter,  which  has  been  adjudged  bankrupt  or  insol-  l§7i'l15' 
vent  or  has  made  an  assignment  of  its  property  for  the  *-^  106> 
benefit  of  its  creditors,  or  any  or  all  persons  for  whose 
benefit  such  corporation  has  assigned  the  whole  or  any 
part  of  its  property,  and  such  other  person  or  persons  in 
either  case  as  they  may  select,  may  associate  themselves 
for  the  purpose  of  forming  a  corporation  to  acquire  the 
whole  or  any  part  of  the  property  of  such  debtor  corpora- 
tion and  to  carry  on  the  business  previously  authorized  to 
be  carried  on  by  it. 

Agreement,  Name  and  Organization. 

SECTION  15.     The  agreement  of  association  shall  state  Contents  of 

that  the  subscribers  thereto  associate  themselves  with  the  issi,  133,' 

intention  of  forming  a  corporation,  the  corporate  name  as-  G.  s.  ei,  §  2. 

sumed,  the  purpose  for  which  it  is  formed,  the  city  or  §8266'  290' 

town,  which  shall  be  in  this  commonwealth,  in  which  it  is  §8770'  224> 

established  or  located,  the  amount  of  its  capital  stock  and  ^-Jl-  106» 

the  par  value  and  number  of  its  shares.  JJ  Gray,  139. 

Revised  Laws,  Chapter  109,  $  7. 

SECTION  7.     A  corporation  which  is  organized  under  general 
laws  or  created  by  special  charter  for  the  purpose  of  carrying  on  g  .  7 

a  mechanical  or  manufacturing  business  in  a  citv  or  town  named  Affected. 

1910,  197. 

in  its  agreement  of  association  or  charter  may  extend  or  remove 
its  business  or  any  part  thereof  to  any  other  city  or  town  in 
this  commonwealth,  and  may  purchase,  hold  and  convey  so  much 
real  and  personal  estate  in  such  other  city  or  town  as  may  be 
necessary  for  the  purpose  of  carrying  on  its  business  therein. 
(But  see  §$  25,  26  and  27  of  chapter  121  of  the  Revised  Laws  as 
to  gas  and  electric  companies.) 


104 


MANUFACTURING  AND   OTHER  CORPORATIONS. 


R.  L.  109, 
§  7,  not  to 
apply  to  cer- 
tain corpora- 
tions. 

Proviso. 


Acts  of  1910,  Chapter  197. 

An  Act  to  limit  the  Authority  of  a  Gas  or  Electric  Light  Com- 
pany to  change  its  Location. 

SECTION  1.  The  provisions  of  section  seven  of  chapter  one 
hundred  and  nine  of  the  Revised  Laws  shall  not  apply  to  a  cor- 
poration organized  for  the  purpose  of  making  or  selling  gas  or 
electricity :  provided,  however,  that  the  board  of  gas  and  electric 
light  commissioners  may,  after  notice  and  a  public  hearing  in 
each  case,  authorize  such  a  corporation  to  carry  on  the  business 
for  which  it  was  incorporated  in  a  city  or  town  other  than  that 
named  in  its  agreement  of  association  or  charter,  with  all  the 
rights,  powers  and  privileges  and  subject  to  all  the  duties  and 
liabilities  set  forth  in  all  general  laws  now  or  hereafter  in  force 
applicable  to  such  corporations. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Ap- 
proved March  11,  1910. 


Corporate 
name. 
1851,  133, 
§  6. 

G.  S.  61,  §  1. 
1870,  224,  §  8. 
1872,  375,  §  5. 
1875,  225. 
1877,  224,  §  3. 
P.  S.  106, 
§  17;  117, 
§  3 ;  119, 
§  28. 
1883,  98,  §  1. 

1887,  214, 
§  30. 

1888,  413, 
§27. 

1894,  522, 
§  30. 

151  Mass.  560. 


Corporate 
name. 
1891,  257. 
149  Mass.  436. 


SECTION  16.  Any  name  may,  subject  to  the  provisions 
of  section  eight  of  chapter  one  hundred  and  nine,  be  as- 
sumed by  a  corporation.  If  organized  for  the  purposes 
mentioned  in  sections  seven  or  eight,  or  under  the  provi- 
sions of  chapter  one  hundred  and  fourteen  or  section  thirty 
of  chapter  one  hundred  and  eighteen,  or  if  subject  to  any 
of  the  provisions  of  chapter  one  hundred  and  sixteen,  the 
words  "  co-operative  "  or  "  fishing "  or  "  co-operative 
bank  "  or  "  insurance  ",  or  "  mutual  insurance  "  if  or- 
ganized upon  the  mutual  principle,  or  "  trust  company  "? 
respectively,  shall  form  part  of  the  name. 

Revised  Laws,  Chapter  109,  §§  8,  9, 10. 

SECTION  8.  A  corporation  which  is  organized  under  the  gen- 
eral laws  may  assume  any  name  which,  in  the  judgment  of  the 
commissioner,  indicates  that  it  is  a  corporation;  but  it  shall  not 
assume  the  name  of  another  corporation  established  under  the 
laws  of  this  commonwealth,  or  of  a  corporation,  firm,  association 
or  person  carrying  on  business  in  this  commonwealth,  at  the 
time  of  such  organization  or  within  three  years  prior  thereto,  or 
assume  a  name  so  similar  thereto  as  to  be  liable  to  be  mistaken 
for  it,  except  with  the  consent  in  writing  of  said  existing  corpo- 
ration, firm  or  association  or  of  such  person  previously  filed  with 
the  commissioner  of  corporations.  The  supreme  judicial  court 
or  the  superior  court  shall  have  jurisdiction  in  equity,  upon  the 


MANUFACTURING  AND   OTHER  CORPORATIONS.  105 

application  of  any  person  interested  or  affected,  to  enjoin  such 
corporation  from  doing-  business  under  a  name  assumed  in  vio- 
lation of  the  provisions  of  this  section,  although  its  certificate 
of  organization  may  have  been  approved  and  a  certificate  of  in- 
corporation may  have  been  issued  to  it. 

[SECTION  9.  Upon  the  application  of  any  corporation,  au-  Change  of 
thorized  by  a  vote  of  two-thirds  of  the  stockholders  present  and  isga.'seo, 
voting  at  a  meeting  called  for  the  purpose,  the  commissioner  of  1392',  igs', 
corporations  may,  after  public  notice  of  such  application,  au- 
thorize  such  corporation  to  change  its  name.  If  it  has  no  capital 


stock,  the  application  may  be  authorized  by  a  two-thirds  vote  of  442,  §  9. 
the  persons  legally  qualified  to  vote  in  meetings  of  the  corpora-   §  9. 
tion  present  and  voting  on  the  question  of  the  change  of  name.  1903,168. 
The  approval  of  the  insurance  commissioner  shall  be  required  for 
applications  by  corporations  which  are  subject  to  the  provisions 
of  chapters  one  hundred  and  eighteen,  one  hundred  and  nineteen 
and  one  hundred  and  twenty.] 

[SECTION  10.     A  certified  copy  of  such  authorization  and  a  —  certificate 
certificate  of  the  vote  of  the  corporation,  signed  and  sworn  to  by  wi'th°secre-e 
the  president,  treasurer  and  a  majority  of  the  directors,  or  if  it  i"gif  seo, 
has  no  such  officers,  by  its  presiding  and  financial  officers  and  a  j^^f^ 
majority  of  its  other  officers  having  the  powers  of  directors,  shall  isos,  163. 
be  filed  in  the  office  of  the  secretary  of  the  commonwealth.     The 
commissioner  shall  require  public  notice  to  be  given  of  the  change 
so  authorized;  and  upon  receipt  of  proof  thereof  the  secretary 
of  the  commonwealth  may  grant  a  certificate  of  the  name  which 
the  corporation  shall  bear,  which,  subject  to  the  provisions  of 
section  eight,  shall  thereafter  be  its  legal  name.] 

Acts  of  1908,  Chapter  163. 

An  Act  relative  to  the  Changing  of  Names  of  Corporations. 

SECTION  1.      Every   corporation   organized   under   general   or  Regulations 
special  laws  of  this  commonwealth,  except  corporations  subject  to  Chang™1"? 
the  provisions  of  chapter  four  hundred  and  thirty-seven  of  the  corporations. 
acts  of  the  year  nineteen  hundred  and  three,  and  acts  in  amend- 
ment thereof  and  in  addition  thereto,  and  except  corporations 
subject  to  the  provisions  of  chapter  four  hundred  and  sixty-three 
of  the  acts  of  the  year  nineteen  hundred  and  six,  and  acts  in 
amendment  thereof  and  in  addition  thereto,  may  at  a  meeting 
duly  called  for  the  purpose,  by  the  vote  of  two  thirds  of  all  of  its 
stock,  or  if  two  or  more  classes  of  stock  have  been  issued,  by  two 
thirds  of  each  class  of  stock  outstanding  and  entitled  to  vote,  or 
in  case  such  corporation  has  no  capital  stock,  by  a  vote  of  two 


106 


MANUFACTURING  AND  OTHER  CORPORATIONS. 


Notice  of 
change  of 
name  to  be 
published. 


Certificate  of 
new  name  to 
be  issued. 


Approval  of 
change  of 


When  to 
take  effect. 


Repeal. 


thirds  of  the  persons  legally  qualified  to  vote  in  meetings  of  the 
corporation,  or  by  a  larger  vote  if  its  agreement  of  association 
or  by-laws  shall  so  require,  change  its  name.  Articles  of  amend- 
ment signed  and  sworn  to  by  the  president,  treasurer  and  a 
majority  of  the  directors  or  other  officers  having  the  powers  of 
directors,  shall  within  thirty  days  after  such  meeting  be  prepared, 
setting  forth  such  amendment,  and  stating  that  it  has  duly  been 
adopted  by  the  stockholders.  Such  amendment  shall  be  submitted 
to  the  commissioner  of  corporations  who  shall  examine  it,  and  if 
he  finds  that  it  conforms  to  the  requirements  of  law,  he  shall  so 
certify  and  endorse  his  approval  thereon.  Thereupon  the  secre- 
tary of  the  commonwealth  shall  direct  the  officers  of  the  corpora- 
tion to  publish  in  such  form  as  he  may  see  fit,  in  a  newspaper 
published  in  the  county  in  which  the  corporation  has  its  prin- 
cipal office  or  place  of  business,  notice  of  such  change  of  name. 
When  the  secretary  of  the  commonwealth  is  convinced  that  such 
notice  has  been  published  as  required  by  him,  he  shall  upon  the 
payment  of  a  fee  of  one  dollar*  grant  a  certificate  of  the  name 
which  the  corporation  shall  bear,  which  name  shall  thereafter  be 
its  legal  name,  and  the  secretary  of  the  commonwealth  shall  cause 
the  article  of  amendment  and  the  endorsements  thereon  to  be  re- 
corded in  his  office.  In  the  case  of  corporations  which  are  subject 
to  the  provisions  of  chapter  one  hundred  and  eighteen,  one  hun- 
dred and  nineteen,  and  one  hundred  and  twenty  of  the  Revised 
Laws,  and  of  all  acts  in  amendment  thereof  and  in  addition 
thereto,  the  approval  of  the  insurance  commissioner  shall  be  re- 
quired before  the  commissioner  of  corporations  approves  the 
article  of  amendment.  No  article  of  amendment  changing  the 
name  of  any  corporation  shall  take  effect  until  it  has  been  filed 
in  the  office  of  the  secretary  of  the  commonwealth  as  aforesaid. 

SECTION  2.  All  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed. 

SECTION  3.  This  act  shall  take  effect  upon  its  passage.  [Ap- 
proved March  3,  1908. 


Rights  and 
liabilities 
under  new 
name. 
1891,  360, 
§4. 


Revised  Laws,  Chapter  109,  §  11. 

SECTION  11.  A  corporation  shall  have  the  same  rights,  powers 
and  privileges  and  be  subject  to  the  same  duties,  obligations  and 
liabilities  under  its  new  name  as  before  its  name  was  changed,  and 
may  sue  and  be  sued  by  its  new  name;  but  any  action  brought 
against  it  by  its  former  name  shall  not  be  defeated  on  that 
account,  and,  on  motion  of  either  party,  the  new  name  may  be 
substituted  therefor. 


MANUFACTURING  AND   OTHER  CORPORATIONS.  107 

SECTION  17.     The  first  meeting  shall  be  called  by  a  First  meet- 
notice  signed  by  one  or  more  of  the  subscribers  to  such  cafied°and 
agreement,  stating  the  time,  place  and  purpose  of  the  meet-  issfflVs, 
ing,  a  copy  of  which  notice  shall,  seven  days  at  least  be-  ^\  61>  §  3 
fore  the  day  appointed  for  the  meeting,  be  given  to  each  |8466'  290> 
subscriber,  or  left  at  his  usual  place  of  business  or  resi-  |8g70>  224> 
dence,  or  deposited  in  the  post  office,  postpaid,  and  ad-  P-  |-  ioe, 
dressed  to  him  at  his  usual  place  of  business  or  residence. 
Whoever  gives  such  notice  shall  make  affidavit  of  his  do- 
ings, which,  with  a  copy  of  the  notice,  shall  be  recorded 
in  the  records  of  the  corporation. 

SECTION  18.     The  subscribers  to  the  agreement  of  asso-  Subscribers 
ciatioii  shall  hold  the  franchise  until  the  organization  has  franchise; 
been  completed;  and,  unless  it  is  otherwise  provided  in  Chares!,011 
such  agreement,  each  subscriber  who  elects  to  take  such  §83700'  224> 
shares  at  the  first  meeting  may  take  such  proportion  of  the  §\|;  106> 
share  of  the  capital  stock  as  the  number  of  subscribers  to  ioiMass.385. 
the  agreement  bears  to  the  whole  number  of  shares,  or 
any  part  of  such  proportion,  upon  paying  the  assessments 
thereon  as  called  for  by  the  corporation.     All  shares  not 
so  taken  shall  be  disposed  of  as  the  corporation  determines. 

SECTION  19.     At  such  first  meeting,  including  any  nee-  Organiza- 

,  ,  ,  .  •       i«  i     -n    tion;  choice 

essary  or  reasonable  adjournment,  an  organization  shall  of  officers; 
be  effected  by  the  choice  by  ballot  of  a  temporary  clerk,  JJC5i,di33, 
who  shall  be  sworn,  and  by  the  adoption  of  by-laws,  and  G!  s!  li,  §  5. 


the  election,  in  the  manner  provided  in  section  twenty-  JYo0'  224> 
three,  of  directors,  treasurer,  clerk  and  such  other  officers  P-2S-  106> 
as  the  by-laws  may  provide;  but  at  such  first  meeting  no 
person  shall  be  eligible  as  a  director  who  has  not  subscribed 
the  agreement  of  association.  The  temporary  clerk  shall 
make  and  attest  a  record  of  the  proceedings  until  the  clerk 
has  been  chosen  and  sworn,  including  a  record  of  such 
choice  and  qualification. 

SECTION  20.     The  president,  treasurer  and  a  majority  Certificate  of 
of  the  directors,  shall  forthwith  make,  sign  and  swear  to  a  totaled!011 
certificate  setting  forth  a  true  copy  of  the  agreement  of  §8451'  133> 
association  with  the  names  of  the  subscribers  thereto,  the  Jff  \\  ffe,8  2' 
date  of  the  first  meeting  and  the  successive  adjournments  ^*g  61  §  8 
thereof,  if  any,  and  shall  submit  such  certificate  and  also  i8.™'  224> 
the  records  of  the  corporation  to  the  commissioner  of  cor-  P^S.  IOG, 
porations,  who  shall  examine  the  same,  and  who  may  re-  isikass.seo. 
quire  such  other  evidence  as  he.  may  judge  necessary.     If 
it  appears  that  the  requirements  of  the  preceding  sections 


108  MANUFACTURING  AND   OTHER  CORPORATIONS. 

preliminary  to  the  establishment  of  the  corporation  have 
been  complied  with,  the  commissioner  shall  so  certify  and 
approve  the  certificate  by  his  indorsement  thereon.  Such 
certificate  shall  thereupon  be  filed  by  said  officers  in  the 
office  of  the  secretary  of  the  commonwealth,  who,  upon 
payment  of  the  fee  hereinafter  provided,  shall  cause  the 
same  with  the  indorsement  thereon  to  be  recorded,  and 
shall  thereupon  issue  a  certificate  in  the  following  form  :  — 

COMMONWEALTH  OF  MASSACHUSETTS. 

Be  it  known  that  whereas  [the  name  of  the  subscribers  to  the 
agreement  of  association]  have  associated  themselves  with  the 
intention  of  forming  a  corporation  under  the  name  of  [the  name 
of  the  corporation],  for  the  purpose  [the  purpose  declared  in  the 
agreement  of  association],  with  a  capital  of  [the  amount  of  cap- 
ital fixed  in  the  agreement  of  association],  and  have  complied 
with  the  provisions  of  the  statutes  of  this  commonwealth  in  such 
case  made  and  provided,  as  appears  from  the  certificate  of  the 
president,  treasurer  and  directors  of  said  corporation,  duly  ap- 
proved by  the  commissioner  of  corporations  and  recorded  in  this 
office:  now,  therefore,  I  [the  name  of  the  secretary],  secretary  of 
the  commonwealth  of  Massachusetts,  do  hereby  certify  that  said 
[the  names  of  the  subscribers  to  the  agreement  of  association], 
their  associates  *  and  successors,  are  legally  organized  and  estab- 
lished as,  and  are  hereby  made,  an  existing  corporation  under  the 
name  of  [name  of  the  corporation],  with  the  powers,  rights  and 
privileges,  and  subject  to  the  limitations,  duties  and  restrictions, 
which  by  law  appertain  thereto. 

Witness  my  official  signature  hereunto  subscribed,  and  the 
seal  of  the  commonwealth  of  Massachusetts  hereunto  affixed, 
this  day  of  in  the  year 

[the  date  of  execution  of  the  certificate.] 

The  secretary  shall  sign  the  same  and  cause  the  seal  of 

the  commonwealth  to  be  thereto  affixed,  and  such  certifi- 

cate shall  have  the  force  and  effect  of  a  special  charter  and 

shall  be  conclusive  evidence  of  the  existence  of  such  cor- 

poration.    He  shall  also  cause  a  record  of  such  certificate 

to  be  made,  and  a  certified  copy  of  such  record  may  be 

given  in  evidence  with  like  effect  as  the  original  certificate. 

Certain  cor-  SECTION  21.    Any  corporation  organized  under  the  pro- 

m°ary  fii^8         visions  of  chapter  one  hundred  and  thirty-three  of  the  acts 


of  the  year  eighteen  hundred  and  fifty-one,  chapter  sixty- 
p.1!.'  ice,  §  22.  °ne  of  the  General  Statutes,  or  chapter  one  hundred  and 


MANUFACTURING  AND   OTHER  CORPORATIONS.  109 

eighty-seven  or  two  hundred  and  ninety  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-six,  which  at  a  meeting 
of  its  stockholders  regularly  notified  for  that  purpose  votes 
to  comply  with  the  provisions  of  this  section,  may  submit 
to  the  commissioner  of  corporations  a  certificate  signed 
and  sworn  to  by  its  president,  treasurer,  clerk  and  a  ma- 
jority of  its  directors,  setting  forth  a  copy  of  its  articles 
of  agreement,  with  the  names  of  the  subscribers  thereto, 
and  a  copy  of  the  vote  aforesaid,  and  produce  evidence  of 
its  regular  organization  according  to  law  or  of  confirma- 
tory action  under  the  provisions  of  this  chapter,  of  sections 
seventy-nine  and  eighty  of  chapter  one  hundred  and  six 
of  the  Public  Statutes,  of  section  sixty-six  of  chapter  two 
hundred  and  twenty-four  of  the  acts  of  the  year  eighteen 
hundred  and  seventy,  of  section  four  of  chapter  sixty-one 
of  the  General  Statutes,  or  of  section  three  of  chapter  four 
hundred  and  seventy-eight  of  the  acts  of  the  year  eighteen 
hundred  and  fifty-five. 

The  commissioner  shall  thereupon  examine  such  certifi- 
cate and  evidence  of  organization;  and  if  it  appears  that 
the  provisions  of  law  have  been  complied  with,  he  shall 
so  certify  and  approve  the  certificate  by  his  indorsement 
thereon.  The  secretary  of  the  commonwealth  shall,  upon 
the  same  being  deposited  in  his  office,  and  upon  payment 
of  the  fee  hereinafter  provided,  cause  the  same,  with  the 
indorsement  thereon,  to  be  recorded,  and  shall  issue  a  cer- 
tificate in  the  following  form :  — 

COMMONWEALTH  OP  MASSACHUSETTS. 

Be  it  known  that  whereas  [the  names  of  the  original  subscrib- 
ers] formerly  associated  themselves  with  the  intention  of  forming 
a  corporation  under  the  name  of  [the  name  of  the  corporation], 
for  the  purpose  [the  purpose  declared  in  the  articles  of  agree- 
ment], under  the  provisions  of  [the  designation  of  the  statute 
under  the  provisions  of  which  organization  was  effected],  with  a 
capital  of  [the  amount  of  the  capital  stock  as  it  stands  fixed  by 
the  corporation  at  the  date  of  the  certificate],  and  the  provisions 
of  the  statutes  of  this  commonwealth  in  such  case  made  and  pro- 
vided have  been  complied  with,  as  appears  from  the  certificate  of 
the  president,  treasurer,  and  directors  of  said  corporation,  duly 
approved  by  the  commissioner  of  corporations  and  recorded  in 
this  office:  now,  therefore,  I  [the  name  of  the  secretary],  secre- 
tary of  the  commonwealth  of  Massachusetts,  do  hereby  certify 
that  said  [name  of  the  corporation]  is  legally  organized  and  es- 


110  MANUFACTURING  AND   OTHER  CORPORATIONS. 

tablished  as  an  existing  corporation,  with  the  powers,  rights  and 
privileges,  and  subject  to  the  limitations,  duties  and  restrictions, 
which  by  law  appertain  thereto. 

Witness  my  official  signature  hereunto  subscribed,  and  the  seal 
of  the  commonwealth  of  Massachusetts  hereunto  affixed,  this 
day  of  in  the  year  .     [the  date  of  execution 

of  the  certificate.] 

The  secretary  shall  sign  the  same  and  cause  the  seal  of 
the  commonwealth  to  be  thereto  affixed,  and  such  certifi- 
cate shall  be  conclusive  evidence  of  the  existence  of  such 
corporation  at  the  date  of  such  certificate.  He  shall  also 
cause  a  record  of  such  certificate  to  be  made,  and  a  certi- 
fied copy  of  such  record  may  be  given  in  evidence  with 
like  effect  as  the  original  certificate. 

POWERS  AND  LIABILITIES. 

By-Laws,   Officers,  etc. 

?JoC8r65  §  i  SECTION  22.  The  business  of  every  corporation  which 
R8s%83' §  1'  *s  Sllkject  to  *ne  provisions  of  this  chapter  shall  be  man- 
§§2;  3.  aged  and  conducted  by  a  president,  a  board  of  not  less 

§§3',  5.'  than  three  directors,  a  clerk,  treasurer  and  such  other  offi- 
1870,'  224| §  3'  cers  and  agents  as  the  corporation  authorizes  for  that  pur- 
ilit,' s 49,  poge.  The  directors  shall  choose  one  of  their  number  as 
§  i,  ci.  i. '  president.  P.  s.  ioe,  §§  23,  25.  147  Mass.  224.  190  Mass.  478. 
oncers,  how  SECTION  23.  The  directors,  clerk  and  treasurer  shall 
isos,  65,  §  i.  be  chosen  annually  by  the  stockholders  by  ballot,  and  shall 

1829,  53,  §  1.      ,      ,  ,       m          £  J       J  .,       x,       J  ' 

R.  s.  38,  hold  office  for  one  year  and  until  others  are  chosen  and 

G.  irfb,  §  4.  qualified  in  their  stead.  The  manner  of  choosing  or  ap- 

§8i6°' 224>  pointing  all  other  agents  and  officers,  and  of  filling  all 

p.^s.  106,  vacancies,  shall  be  prescribed  by  the  by-laws. 

8  Cush.  93.  7  Gray,  1.  15  Gray,  211.  179  Mass.  161. 

Treasurer  SECTION  24.     The  clerk  shall  be  sworn,  shall  record  all 

?8os'  65  §  i  v°tes  in  a  book  to  be  kept  for  that  purpose  and  shall  per- 

^829;  53!  §  i!  form  all  other  duties  assigned  to  him.     The  treasurer  shall 

G.' s.'  eo,'  §  6.'  give  bond  for  the  faithful  performance  of  his  duty  in  such 

is/0,  224,  gum  an(j  with  such  sureties  as  shall  be  required  by  the  by- 

P.  S.  106,  §26.   lo  J 

15  Gray,  211.      i«WS. 

pr°oiygby  SECTION  25.    Absent  stockholders  may  vote  at  all  meet- 

B.  s.  38,  §  7.     ings  by  proxy,  authorized  in  writing,  which,  if  the  maker 
is 76,  224,  '     thereof  resides  in  the  United  States,  shall  be  executed  and 
p.  s.'  106,         dated  within  six  months  previous  to  the  meeting  at  which 
it  is  used. 


MANUFACTURING  AND   OTHER  CORPORATIONS.  Ill 

SECTION  26.    Every  such  corporation  may  determine  Quorum  of 
by  its  by-laws  wbat  number  of  stockholders  shall  attend,  fsl!?!^6*8' 
either  in  person  or  by  proxy,  or  what  number  of  shares  or  R.1!;  33,  §  7. 
amount  of  interest  shall  be  represented  at  any  meeting,  to  islo,^0^,  7' 
constitute  a  quorum.    If  the  quorum  is  not  so  determined,  |>2g- 106 
a  majority  in  interest  of  the  stockholders  shall  constitute  §  28- 
a  quorum. 

Revised  Laws,  Chapter  109,  $$  2,  3,  4,  5,  6,  15,  16, 17. 

SECTION  2.    Corporations  now  existing  shall  continue  to  exer-  Existing  cor- 

cise  and  enjoy  their  powers  and  privileges  according  to   their  ?ont/nueSt° 

respective  charters  and  to  the  laws  now  in  force,  and  shall  con-  ^09'  si7' §  5' 

tinue  subject  to  all  the  liabilities  to  which  they  are  now  subject,  |§  g®'8|^ 

except  so  far  as  said  powers,  privileges  and  liabilities  are  modified  §§  1. 16-     1 . 

or  controlled  by  the  provisions  of  these  statutes.  68,  §  40.' 

SECTION  3.     Every  act  of  incorporation  passed  since  the  elev-  charters'' 

enth  day  of  March  in  the  year  eighteen  hundred  and  thirty-one  aHeratton  or 

shall  be  subject  to  amendment,  alteration  or  repeal  by  the  general  i|^e0algl 

court.    All  corporations  which  are  organized  under  general  laws  B^sv'||' §36; 

shall  be  subject  to  such  laws  as  may  be  hereafter  passed  affecting  G.'s.  68'  §  41. 

or  altering  their  corporate  rights  or  duties  or  dissolving  them.  §§2',  3.   ' 

Corporations  shall,  notwithstanding  such  repeal  or  dissolution,  •fe3Cusn.'424.' 


be  subject  to  the  provisions  of  sections  fifty-three  and  fifty-four.  \    ^y,'  227.' 
Such  laws  of  amendment,  alteration  or  repeal  or  such  dissolution   J|  &££'  10(5' 
shall  not  take  away  or  impair  any  remedy  which  may  exist  by  law  4  4}}en>  030' 
consistently  with  said  sections  against  the  corporation,  its  mem-  n  Alien,  268. 
bers  or  officers,  for  a  liability  previously  incurred.  103  Mass.  254. 

109  Mass.  103,  506.  123  Mass.  32.  198  Mass.  421.  104  M3SS'  446' 

118  Mass.  290,  561.  147  Mass.  569. 

SECTION  4.     Every  corporation,  except  as  otherwise  expressly  General 

provided,  may,  in  its  corporate  name,  sue  and  be  sued,  appear,  Ssoi^es,  §  i. 

prosecute  and  defend  to  final  judgment  and  execution;  have  a  Jsls'  83*  §  i! 

common  seal,  which  it  may  alter  at  pleasure  ;  elect  in  such  manner  R^  s§-  38,  §  6  ; 

as  it  may  determine  all  necessary  officers,  fix  their  compensation  G-  s-  60,  §  2  ; 

and  define  their  duties  and  obligations  ;  and  make  by-laws  and  P.  s.  165,  §  4. 

regulations  for  its  own  government,  the  due  and  orderly  con-  10  Gray,  582. 
ducting  of  its  affairs  and  the  management  of  its  property. 

SECTION  5.     Every  corporation  may  by  its  by-laws,  except  as  By-laws. 


otherwise  expressly  provided,  determine  the  manner  of  calling  and          ;  53!  §  i! 


conducting  its  meetings;  the  number  of  members  which  shall  con-  R 
stitute  a  quorum  ;  the  number  of  shares  which  shall  entitle  the  G4>g§  ^  §  2  • 
members  to  one  or  more  votes  ;  the  mode  of  voting  by  proxy  ;   «8,g§  7^  §  g 
the  mode  of  selling  shares  for  the  payment  of  assessments;  and  8  Met.  301, 
the  tenure  of  office  of  the  several  officers  ;  and  may  annex  suitable 


112 


MANUFACTURING  AND   OTHER   CORPORATIONS. 


Conveyance 

of  land. 

R.  S.  44,  §  6. 

Meeting 
called  by 
justice  of  the 

?eace,  when. 
833,  49. 
B.  S.  44,  §  4. 
G.  S.  68,  §  5. 
P.  S.  105, 
§11. 


Election  of 
officers. 
1833,  49. 
R.  S.  44,  §  5. 
G.  S.  68,  §  6. 

Executors, 
etc.,  may  vote. 
1829,  53, 
§  12. 

R.  S.  38,  §  35. 
1838,  98,  §  2. 


Stockholder 
to  have 
certificate  of 
stock. 

1808,  65,  §  3. 
1829,  53,  §  3. 

Transfer  of 

shares.    Lost 

certificates. 

1808,  65,  §  4. 

1829,  53,  §  4. 

R.  S.  38,  §  12. 

1846,  45. 

G.  S.  60.  §  13. 

1870,  224, 

§  26. 

P.  S.  106, 

§  30. 

12  Gray,  213. 

8  Allen,  15. 

138  Mass.  240. 


List  of 
stockholders 
open  to 
inspection. 
1858,  144. 
G.  S.  68,  §  10. 
P.  S.  105, 
§21. 


penalties  to  such  by-laws,  not  exceeding  twenty  dollars  for  one 
offence;  but  no  by-law  shall  be  made  by  a  corporation  which  is 
inconsistent  with  law. 

SECTION  6.     Every  corporation  may  convey  land  to  which  it 

has  a  legal  title.  G.  S.  68,  §  S.  P.  S.  105,  §  6.  11  Allen,  65. 

SECTION  15.  If,  by  reason  of  the  death  or  absence  of  the  offi- 
cers of  a  corporation,  or  other  cause,  there  is  no  person  duly 
authorized  to  call  or  preside  at  a  legal  meeting,  a  justice  of  the 
peace  may,  upon  written  application  of  three  or  more  of  the 
members,  issue  a  warrant  to  any  one  of  them,  directing  him  to 
call  a  meeting  by  giving  such  notice  as  had  been  previously  re- 
quired by  law,  and  may  in  the  same  warrant  direct  him  to  preside 
at  the  meeting  until  a  clerk  is  duly  chosen  and  qualified  if  no  offi- 
cer is  present  legally  authorized  to  preside. 

SECTION  16.  A  corporation  when  so  assembled  may  elect  offi- 
cers to  fill  vacancies,  and  may  act  upon  such  other  business  as  may 
by  law  be  transacted  at  a  regular  meeting.  P.  S.  105,  §  12. 

SECTION  17.  An  executor,  administrator,  guardian,  conserva- 
tor or  trustee  shall  represent  the  shares  of  his  trust  at  all  meetings 
of  the  corporation,  and  may  vote  as  a  stockholder. 

G.  S.  68,  §  11.  P.  S.  105,  §  13.  9  Gush.  192.  101  Mass.  398. 

Capital  Stock. 

SECTION  27.  Each  stockholder  shall  be  entitled  to  a 
certificate  of  his  stock,  signed  by  the  treasurer  of  the  cor- 
poration and  sealed  with  its  seal.  R.  s.  38,  §  10.  G.  s.  eo,  §  10. 

1852,180.  1870,  224,  §  23.  1874,  349,  §  1.  P.  S.  106,  §  29. 

SECTION  28.  Shares  may  be  transferred  by  the  stock- 
holder by  an  instrument  in  writing  signed  by  him,  which 
shall  be  recorded  by  the  clerk  in  a  book  to  be  kept  for  that 
purpose.  The  purchaser  named  in  such  instrument  so  re- 
corded shall,  upon  production  thereof  to  the  treasurer  and 
delivery  to  him  of  the  former  certificate,  be  entitled  to  a 
new  certificate.  In  case  of  the  loss  of  a  certificate,  a 
duplicate  certificate  may  be  issued  upon  such  reasonable 
terms  as  the  directors  shall  prescribe. 

Revised  Laws,  Chapter  109,  §§  32,  33,  34,  35. 
LIST  OF   STOCKHOLDERS  AND   TRANSFER   OF    SHARES. 

SECTION  32.  The  treasurer  or  cashier  of  every  corporation 
shall  keep  an  accurate  list  of  its  stockholders  and  of  the  number 
of  shares  owned  by  each,  which  shall  at  all  times,  upon  written 
application  by  a  stockholder,  be  exhibited  for  his  inspection. 


MANUFACTURING  AND   OTHER  CORPORATIONS.  113 

Such  officer  who  refuses  so  to  exhibit  such  list  shall  forfeit  fifty 
dollars  for  each  offence. 

SECTION  33.     Every  corporation  shall  record  the  names  and   Record  of 
residences  of  all  its  stockholders,  and  all  changes  therein  of  which   residences  of 


it  is  notified,  shall  issue  no  certificate  of  stock  to  a  stockholder  or 

purchaser  of  a  share  until  he  informs  the  corporation  of  his  actual  i86Si,6i%o§  2°' 

residence  and  shall  pay  no  dividend  to  a  stockholder  whose  actual  g^64'  201> 

residence  is  unknown  or  uncertain  until  he  informs  the  corpora-  P-2|-  105- 
tion  thereof. 

SECTION  34.    Every  corporation  shall,  within  fifteen  days  after  List  of  stock- 


a  request  in  writting  by  a  stockholder  thereof,  made  not  less  than   fiedth 


thirty  nor  more  than  sixty  days  prior  to  the  time  fixed  for  the 

annual  meeting  of  stockholders,  cause  a  complete  list  of  the  stock-   fi36p  A  G 

holders  as  of  the  sixtieth  day  prior  to  the  time  so  fixed,  with  the   278-l 

residence  of  and  the  number  of  shares  belonging  to  each  stock- 

holder, to  be  made  and  filed  in  the  office  of  the  secretary  of  the 

commonwealth.       The  list  shall  be  in  such  form  as  the  commis- 

sioner of   corporations   shall   require   or   approve,   and   shall   be 

signed  and  sworn  to  by  the  treasurer  of  the  corporation  or  by 

some  other  officer  cognizant  of  the  facts  specially  appointed  by 

the  corporation  to  make  the  same.    If  a  corporation  and  its  treas- 

urer or  other  officer  so  specially  appointed  omit  or  neglect  to 

cause  a  list  of  stockholders  to  be  so  made  and  filed,  they  shall  each 

forfeit  not  more  than  one  thousand  dollars  to  be  recovered  in  the 

manner  provided  in  section  eighty-four  of  chapter  one  hundred 

and  ten. 

SECTION  35.    All  records  of  transfers  of  stock  in  any  corpora-  Rec0rds  of 
tion  which  is  created  by  the  sole  authority  of  this  commonwealth  Jjjff  ^ 
shall  be  made  and  kept  therein.    The  officer  of  every  such  corpo-   ®-  1-  Jg,  §  12. 
ration  whose  duty  it  is  to  record  such  transfers  shall  be  a  resident   §  as'. 
of  this  commonwealth  at  the  time  of  his  appointment;  and  if  he 
ceases  to  be  such  resident,  his  office  shall  become  vacant. 

Acts  of  1903,  Chapter  423. 

An  Act  relative  to  the  Transfer  of  Stock  in  Corporations. 
SECTION  1.    The  delivery  of  a  certificate  of  stock  by  the  person  Transfer 
named  as  the  stockholder  in  such  certificate  or  by  a  person  en-  colorations. 
trusted  by  him  with  its  possession  for  any  purpose  to  a  bona  fide   Jg2  Mass.'  555.' 
purchaser  or  pledgee  for  value,  with  a  written  transfer  thereof,  or  \l\0  171 
with  &  written  power  of  attorney  to  sell,  assign  or  transfer  the 
same,  signed  by  the  person  named  as  the  stockholder  in  such  cer- 
tificate, shall  be  a  sufficient  delivery  to  transfer  title  as  against  all 
persons  ;  but  no  such  transfer  shall  affect  the  right  of  the  corpora- 


114 


MANUFACTURING  AND   OTHER  CORPORATIONS. 


Repeal. 


When  to 
take  effect. 


Transfer  of 
title. 


tion  to  pay  any  dividend  due  upon  the  stock,  or  to  treat  the  holder 
of  record  as  the  holder  in  fact  until  it  has  been  recorded  upon  the 
books  of  the  corporation,  or  until  a  new  certificate  has  been  issued 
to  the  person  to  whom  it  has  been  so  transferred.  Such  purchaser, 
upon  delivery  of  the  former  certificate  to  the  treasurer  of  the  cor- 
poration, shall  be  entitled  to  receive  a  new  certificate.  Stock  shall 
not  be  transferred  upon  the  books  of  the  corporation  if  any  instal- 
ments thereon  remain  overdue  and  unpaid.  A  pledgee  of  stock 
transferred  as  collateral  security  shall  be  entitled  to  a  new  certifi- 
cate if  the  instrument  of  transfer  substantially  describes  the  debt 
or  duty  which  is  intended  to  be  secured  thereby.  Such  new  cer- 
tificate shall  express  on  its  face  that  it  is  held  as  collateral  security, 
and  the  name  of  the  pledger  shall  be  stated  thereon,  who  alone 
shall  be  liable  as  a  stockholder,  and  entitled  to  vote  thereon. 

SECTION  2.  Sections  thirty-six,  thirty-seven,  thirty-eight  and 
thirty-nine  of  chapter  one  hundred  and  nine,  and,  so  far  as  they 
relate  to  the  transfer  of  stock,  section  fifty-nine  of  chapter  one 
hundred  and  eleven,  section  eighteen  of  chapter  one  hundred  and 
twelve  and  section  forty-two  of  chapter  one  hundred  and  twenty- 
three  of  the  Revised  Laws  are  hereby  repealed. 

SECTION  3.  This  act  shall  take  effect  on  the  first  day  of 
August  in  the  year  nineteen  hundred  and  three.  [Approved 
June  12,  1903. 

Acts  of  1910,  Chapter  171. 

An  Act  to  make  Uniform  the  Law  of  Transfer  of  Shares  of  Stock 
in  Corporations. 

TRANSFER   OF   TITLE. 

SECTION  1.  Title  to  a  certificate  and  to  the  shares  represented 
thereby  shall  be  transferred  only, 

(a)  By  delivery  of  the  certificate  indorsed  either  in  blank  or  to 
a  specified  person  by  the  person  appearing  by  the  certificate  to  be 
the  owner  of  the  shares  represented  thereby,  or 

(b)  By  delivery  of  the  certificate  and  a  separate  document  con- 
taining a  written  assignment  of  the  certificate  or  a  power  of 
attorney  to  sell,  assign,  or  transfer  the  same  or  the  shares  repre- 
sented thereby,  signed  by  the  person  appearing  by  the  certificate 
to  be  the  owner  of  the  shares  represented  thereby.    Such  assign- 
ment or  power  of  attorney  may  be  either  in  blank  or  to  a  speci- 
fied person. 

The  provisions  of  this  section  shall  be  applicable  although  the 
charter  or  articles  of  incorporation  or  code  of  regulations  or  by- 
laws of  the  corporation  issuing  the  certificate  and  the  certificate 
itself,  provide  that  the  shares  represented  thereby  shall  be  trans- 


MANUFACTURING  AND  OTHER  CORPORATIONS.  115 

ferable  only  on  the  books  of  the  corporation  or  shall  be  registered 
by  a  registrar  or  transferred  by  a  transfer  agent. 

SECTION  2.    Nothing  in  this  act  shall  be  construed  as  enlarging  HOW  act 
the  powers  of  an  infant  or  other  person  lacking  full  legal  capacity,  construed. 
or  of  a  trustee,  executor  or  administrator,  or  other  fiduciary,  to 
make  a  valid  indorsement,  assignment  or  power  of  attorney. 

SECTION  3.    Nothing  in  this  act  shall  be  construed  as  forbid-   Sa^e  A 

subject. 

ding  a  corporation, 

(a)  To  recognize  the  exclusive  right  of  a  person  registered  on 
its  books  as  the  owner  of  shares  to  receive  dividends,  and  to  vote 
as  such  owner,  or 

(b)  To  hold  liable  for  calls  and  assessments  a  person  registered 
on  its  books  as  the  owner  of  shares. 

SECTION  4.  The  title  of  a  transferee  of  a  certificate  under  a  Title  of 
power  of  attorney  or  assignment  not  written  upon  the  certificate,  etc.nS 
and  the  title  of  any  person  claiming  under  such  transferee,  shall 
cease  and  determine  it,  at  any  time  prior  to  the  surrender  of  the 
certificate  to  the  corporation  issuing  it,  another  person,  for  value 
in  good  faith,  and  without  notice  of  the  prior  transfer,  shall  pur- 
chase and  obtain  delivery  of  such  certificate  with  the  indorsement 
of  the  person  appearing  by  the  certificate  to  be  the  owner  thereof, 
or  shall  purchase  and  obtain  delivery  of  such  certificate  and  the 
written  assignment  or  power  of  attorney  of  such  person,  though 
contained  in  a  separate  document. 

SECTION  5.     The  delivery  of  a  certificate  to  transfer  title  in  Delivery  of 
accordance  with  the  provisions  of  section  one,  shall  be  effectual,  c 
except  as  provided  in  section  seven,  though  made  by  one  having 
no  right  of  possession  and  having  no  authority  from  the  owner 
of  the  certificate  or  from  the  person  purporting  to  transfer  the 
title. 

SECTION  6.    The  indorsement  of  a  certificate  by  the  person  ap-   indorse- 
pearing  by  the  certificate  to  be  the  owner  of  the  shares  represented 
thereby  shall  be  effectual,  except  as  provided  in  section  seven, 
though  the  indorser  or  transferor, 

(a)  was  induced  by  fraud,  duress  or  mistake,  to  make  the  in- 
dorsement or  delivery,  or 

(b)  has  revoked  the  delivery  of  the  certificate,  or  the  authority 
given  by  the  indorsement  or  delivery  of  the  certificate,  or 

(c)  has  died  or  become  legally  incapacitated  after  the  indorse- 
ment, whether  before  or  after  the  delivery  of  the  certificate,  or 

(d)  has  received  no  consideration. 


116 


MANUFACTURING  AND   OTHER  CORPORATIONS. 


Rescission  of 
transfer. 


Subsequent 
transfer  to 
be  effectual 
in  certain 
cases. 


RESCISSION  OF  TRANSFER. 

SECTION  7.    If  the  indorsement  or  delivery  of  a  certificate, 

(a)  was  procured  by  fraud  or  duress,  or 

(b)  was  made  under  such  mistake  as  to  make  the  indorsement 
or  delivery  inequitable ;  or 

If  the  delivery  of  a  certificate  was  made 

(c)  without  authority  from  the  owner,  or 

(d)  after  the  owner's  death  or  legal  incapacity,  the  possession 
of   the   certificate   may   be   reclaimed   and   the    transfer   thereof 
rescinded,  unless: 

(1)  The   certificate  has  been  transferred  to   a  purchaser  for 
value  in  good  faith  without  notice  of  any  facts  making  the  trans- 
fer wrongful,  or, 

(2)  The  injured  person  has  elected  to  waive  the  injury,  or  has 
been  guilty  of  laches  in  endeavoring  to  enforce  his  rights. 

Any  court  of  appropriate  jurisdiction  may  enforce  specifically 
such  right  to  reclaim  the  possession  of  the  certificate  or  to  rescind 
the  transfer  thereof  and,  pending  litigation,  may  enjoin  the  fur- 
ther transfer  of  the  certificate,  or  impound  it. 

SECTION  8.  Although  the  transfer  of  the  certificate  or  of 
shares  represented  thereby  has  been  rescinded  or  set  aside,  never- 
theless, if  the  transferee  has  possession  of  the  certificate  or  of  a 
new  certificate  representing  part  or  the  whole  of  the  same  shares 
of  stock,  a  subsequent  transfer  of  such  certificate  by  the  trans- 
feree, mediately  or  immediately,  to  a  purchaser  for  value  in  good 
faith,  without  notice  of  any  facts  making  the  transfer  wrongful, 
shall  give  such  purchaser  an  indefeasible  right  to  the  certificate 
and  the  shares  represented  thereby. 


Incomplete 
transfer. 


Effect  of 
attempted 
transfer,  etc. 


INCOMPLETE   TRANSFER. 

SECTION  9.  The  delivery  of  a  certificate  by  the  person  appear- 
ing by  the  certificate  to  be  the  owner  thereof  without  the  indorse- 
ment requisite  for  the  transfer  of  the  certificate  and  the  shares 
represented  thereby,  but  with  intent  to  transfer  such  certificate  or 
shares  shall  impose  an  obligation,  in  the  absence  of  an  agreement 
to  the  contrary,  upon  the  person  so  delivering,  to  complete  the 
transfer  by  making  the  necessary  indorsement.  The  transfer  shall 
take  effect  as  of  the  time  when  the  indorsement  is  actually  made. 
This  obligation  may  be  specifically  enforced. 

SECTION  10.  An  attempted  transfer  of  title  to  a  certificate  or 
to  the  shares  represented  thereby  without  delivery  of  the  certifi- 


MANUFACTURING  AND   OTHER  CORPORATIONS.  117 

cate  shall  have  the  effect  of  a  promise  to  transfer,  and  the  obli- 
gation, if  any,  imposed  by  such  promise  shall  be  determined  by  the 
law  governing  the  formation  and  performance  of  contracts. 

WARRANTIES. 

SECTION  11.     A  person  who  for  value  transfers  a  certificate,   Warrant  of 
including  one  who  assigns  for  value  a  claim  secured  by  a  certifi-  t 
cate,  unless  a  contrary  intention  appears,  warrants  — 

(a)  That  the  certificate  is  genuine, 

(b)  That  he  has  a  legal  right  to  transfer  it,  and 

(c)  That  he  has  no  knowledge  of  any  fact  which  would  impair 
the  validity  of  the  certificate. 

In  the  case  of  an  assignment  of  a  claim  secured  by  a  certificate, 
the  liability  of  the  assignor  upon  such  warranty  shall  not  exceed 
the  amount  of  the  claim. 

SECTION  12.     A  mortgagee,  pledgee,  or  other  holder  for  se-  Mortgagee, 
curity  of  a  certificate  who  in  good  faith  demands  or  receives  pay-  pledgee<  etc- 
ment  of  the  debt  for  which  such  certificate  is  security,  whether 
from  a  party  to  a  draft  drawn  for  such  debt,  or  from  any  other 
person,  shall  not  by  so  doing  be  deemed  to  represent  or  to  warrant 
the  genuineness  of  such  certificate,  or  the  value  of  the  shares 
represented  thereby. 

ATTACHMENT. 

SECTION  13.    No  attachment  or  levy  upon  shares  of  stock  for  Attacb- 
which  a  certificate  is  outstanding  shall  be  valid  until  such  certi-  ment>  etc> 
ficate  be  actually  seized  by  the  officer  making  the  attachment  or 
levy,  or  be  surrendered  to  the  corporation  which  issued  it,  or  its 
transfer  by  the  holder  be  enjoined.    Except  where  a  certificate  is 
lost  or  destroyed,  such  corporation  shall  not  be  compelled  to  issue 
a  new  certificate  for  the  stock  until  the  old  certificate  is  sur- 
rendered to  it. 

SECTION  14.  A  creditor  whose  debtor  is  the  owner  of  a  certi-  Aid  to  cred- 
ficate  shall  be  entitled  to  such  aid  from  courts  of  appropriate 
jurisdiction,  by  injunction  and  otherwise,  in  attaching  such  cer- 
tificate or  in  satisfying  the  claim  by  means  thereof  as  is  allowed 
at  law  or  in  equity,  in  regard  to  the  property  which  cannot  readily 
be  attached  or  levied  upon  by  ordinary  legal  process. 

LIENS. 

SECTION  15.     There  shall  be  no  lien  in  favor  of  a  corporation  Liens, 
upon  the  shares  represented  by  a  certificate  issued  by  such  cor- 
poration, and  there  shall  be  no  restriction  upon  the  transfer  of 


118 


MANUFACTURING  AND  OTHER  CORPORATIONS. 


shares  so  represented  by  virtue  of  any  by-law  of  such  corporation, 
or  otherwise,  unless  the  right  of  the  corporation  to  such  lien  or 
the  restriction  is  stated  upon  the  certificate. 


Alteration 
and  loss  of 
certificate, 
etc. 


Jurisdiction 
of  courts, 
etc. 


Issue  of  new 
certificate 
not  to  relieve 
from  liability, 
etc. 


ALTERATION"   AND   LOSS   OF   CERTIFICATES. 

SECTION  16.  The  alteration  of  a  certificate,  whether  fraudu- 
lent or  not  and  by  whomsoever  made,  shall  not  deprive  the  owner 
of  his  title  to  the  certificate  and  the  shares  originally  represented 
thereby,  and  the  transfer  of  such  a  certificate  shall  convey  to  the 
transferee  a  good  title  to  such  certificate  and  to  the  shares  orig- 
inally represented  thereby. 

SECTION  17.  Where  a  certificate  has  been  lost  or  destroyed, 
a  court  of  competent  jurisdiction  may  order  the  issue  of  a  new 
certificate  therefor  on  service  of  process  upon  the  corporation  and 
on  reasonable  notice  by  publication,  and  in  any  other  way  which 
the  court  may  direct,  to  all  persons  interested,  and  upon  satis- 
factory proof  of  such  loss  or  destruction  and  upon  the  giving 
of  a  bond  with  sufficient  surety  to  be  approved  by  the  court  to 
protect  the  corporation  or  any  persons  injured  by  the  issue  of  the 
new  certificate  from  any  liability  or  expense,  which  it  or  they  may 
incur  by  reason  of  the  original  certificate  remaining  outstanding. 
The  court  may  also  in  its  discretion  order  the  payment  of  the 
corporation's  reasonable  costs  and  counsel  fees. 

The  issue  of  a  new  certificate  under  an  order  of  the  court  as 
provided  in  this  section,  shall  not  relieve  the  corporation  from 
liability  in  damages  to  a  person  to  whom  the  original  certificate 
has  been  or  shall  be  transferred  for  value  without  notice  of  the 
proceeding's  or  of  the  issuance  of  the  new  certificate. 


General 
provisions. 


Interpreta- 
tion of  act. 


Indorsement 
of  certificate, 
etc. 


GENERAL   PROVISIONS. 

SECTION  18.  In  any  case  not  provided  for  by  this  act,  the 
rules  of  law  and  equity,  including  the  law  merchant,  and  in  par- 
ticular the  rules  relating  to  the  law  of  principal  and  agent, 
executors,  administrators  and  trustees,  and  to  the  effect  of  fraud, 
misrepresentation,  duress  or  coercion,  mistake,  bankruptcy,  or 
other  invalidating  cause,  shall  govern. 

SECTION  19.  This  act  shall  be  interpreted  and  construed  in 
such  manner  as  to  effectuate  its  general  purpose  to  make  uniform 
the  law  of  those  states  which  enact  it. 

SECTION  20.  A  certificate  shall  be  deemed  to  be  indorsed  when 
an  assignment  or  a  power  of  attorney  to  sell,  assign,  or  transfer 
the  certificate  or  the  shares  represented  thereby  is  written  on  the 
certificate  and  signed  by  the  person  appearing  by  the  certificate 


MANUFACTURING  AND   OTHER  CORPORATIONS.  119 

to  be  the  owner  of  the  shares  represented  thereby,  or  when  the 
signature  of  such  person  is  written  without  more  upon  the  back 
of  the  certificate.  In  either  of  such  cases  a  certificate  shall  be 
deemed  to  be  indorsed  though  it  has  not  been  delivered. 

SECTION  21.  The  person  to  whom  a  certificate  was  originally  Person  to 
issued  shall  be  deemed  to  be  the  person  appearing  by  the  certi-  catewas 
ficate  to  be  the  owner  thereof,  and  of  the  shares  represented 
thereby,  until  and  unless  he  indorses  the  certificate  to  another 
specified  person,  and  thereupon  such  other  specified  person  shall 
be  deemed  to  be  the  person  appearing  by  the  certificate  to  be 
the  owner  thereof  until  and  unless  he  also  indorses  the  certificate 
to  another  specified  person.  Subsequent  special  indorsements 
may  be  made  with  like  effect. 

DEFINITIONS. 

SECTION  22.     (1)  In  this  act,  unless  the  context  or  subject   Certain  terms 
matter  otherwise  requires  — 

"  Certificate  "  means  a  certificate  of  stock  in  a  corporation  or- 
ganized under  the  laws  of  this  state  or  of  another  state  whose 
laws  are  consistent  with  this  act. 

"  Delivery  "  means  voluntary  transfer  of  possession  from  one 
person  to  another. 

"  Person "  includes  a  corporation  or  partnership  or  two  or 
more  persons  having  a  joint  or  common  interest. 

To  "  purchase  "  includes  to  take  as  mortgagee  or  as  pledgee. 

"  Purchaser  "  includes  mortgagee  or  pledgee. 

"  Shares  "  means  a  share  or  shares  of  stock  in  a  corporation 
organized  under  the  laws  of  this  state  or  of  another  state  whose 
laws  are  consistent  with  this  act. 

"  State  "  includes  state,  territory,  district  and  insular  possession 
of  the  United  States. 

"  Transfer  "  means  transfer  of  legal  title. 

"  Title  "  means  legal  title,  and  does  not  include  a  merely  equit- 
able or  beneficial  ownership  or  interest. 

"  Value "  is  any  consideration  sufficient  to  support  a  simple 
contract.  An  antecedent  or  pre-existing  obligation,  whether  for 
money  or  not,  constitutes  value  where  a  certificate  is  taken  either 
in  satisfaction  thereof  or  as  security  therefor. 

(2)  A  thing  is  done  in  "  good  faith  "  within  the  meaning  of 
this  act,  when  it  is  in  fact  done  honestly,  whether  it  be  done  negli- 
gently or  not. 

SECTION  23.     The  provisions  of  this  act  shall  apply  only  to  ^lyS^ 

certificates  issued  after  the  act  takes  effect.  certain  cer- 

tificates. 


120 


MANUFACTURING  AND   OTHER   CORPORATIONS. 


Repeal. 


Uniform 
Stock  Trans- 
fer Act. 


Capital  stock 

of  companies 

specially 

chartered, 

how  limited. 

1808,  65,  §  3. 

1829,  53,  §  3. 

B.  S.  38,  §  9. 

G.  S.  60,  §  9. 

1870,  224, 

§  22. 

P.  S.  106, 

§  32. 

6  Gray,  586. 


Par  value 
of  shares. 
1860,  128, 

1867,  131. 
1870,  224, 
§  7. 

1873,  37. 
1878,  86. 
P.  S.  105, 
§  16;  106, 
§31. 

1894,  £00. 
1898,  503, 
§2. 


Capital  stock, 
how  in- 
creased or 
reduced. 
1829,  53,  §  3. 
R.  S.  38,  §  8. 
1851,  133,  §  8. 
G.  S.  60,  §  8; 
61,  §  6. 
1870,  224, 
§21. 
P.  S.  106,§  33. 


SECTION  24.  All  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed. 

SECTION  25.  This  act  may  be  cited  as  the  Uniform  Stock 
Transfer  Act. 

SECTION  26.  This  act  shall  take  effect  upon  its  passage.  [Ap- 
proved March  5,  1910. 

SECTION  29.  The  amount  of  the  capital  stock  of  every 
corporation  which  is  established  by  special  charter  and 
which  is  subject  to  the  provisions  of  this  chapter,  shall, 
at  the  first  meeting  of  the  corporation,  unless  the  charter 
otherwise  provides,  be  fixed  and  limited  by  the  corpora- 
tion and  divided  into  shares,  of  which  a  record  shall  be 
made  by  the  clerk. 

Revised  Laws,  Chapter  109,  $  18. 

SECTION  18.  The  par  value  of  shares  in  the  capital  stock  of  a 
corporation,  if  organized  for  any  of  the  purposes  mentioned  in 
sections  five,  six,  eleven  and  thirteen  of  chapter  one  hundred  and 
ten,  may  be  such  amount,  not  less  than  twenty-five  nor  more  than 
one  hundred  dollars,  as  may  be  fixed  in  its  agreement  of  associa- 
tion, and  if  organized  for  any  of  the  purposes  mentioned  in  sec- 
tions seven  and  eight  of  said  chapter,  may  be  one  hundred  dollars 
or  any  other  amount  fixed  in  its  agreement  of  association.  Such 
corporation  may,  at  a  meeting  of  stockholders  called  for  the  pur- 
pose, change  the  par  value  of  its  shares  if  a  certificate  of  such 
change  shall,  within  ten  days  thereafter,  be  made,  signed  and 
sworn  to  by  its  president,  treasurer  and  a  majority  of  its  directors, 
or  other  officers  having  the  powers  of  directors,  and,  having  been 
approved  as  to  its  form  by  the  commissioner  of  corporations,  be 
filed  in  the  office  of  the  secretary  of  the  commonwealth.  The  par 
value  of  the  shares  of  the  capital  stock  of  all  other  corporations, 
unless  otherwise  expressly  provided  by  law,  shall  be  one  hundred 
dollars,  and  any  corporation  which  may  be  organized  with  shares 
of  a  par  value  other  than  one  hundred  dollars  may,  in  like  manner, 
change  the  par  value  to  that  amount. 

SECTION  30.  The  capital  stock  of  every  corporation 
which  is  subject  to  the  provisions  of  this  chapter,  the 
amount  whereof  has  been  fixed  and  limited  by  such  cor- 
poration according  to  law,  shall  remain  so  fixed,  subject 
to  increase  or  reduction  pursuant  to  the  provisions  of  this 
chapter. 


MANUFACTURING  AND  OTHER   CORPORATIONS.  121 

SECTION  31.    Every  corporation  which  is  subject  to  the  increase  and 

,.   J ,  .        ,     J  1  , ,  .  J        -,  reduction  of 

provisions  of  this  chapter,  unless  otherwise  expressly  pro-  capital  stock, 
vided,  at  a  meeting  called  for  the  purpose,  may  increase  or  §§23%5<x' 
reduce  the  amount  of  its  capital  stock  and  the  number  of  f§  fifth, 
shares  therein,  within  the  amount  limited  by  its  charter,  J8851«  133» 
if  a  chartered  corporation,  and  by  the  provisions  of  this  1865,478, 
chapter,  if  organized  under  general  laws.     The  limitation  ISS'T,  24. 
of  such  increase  for  such  mechanical  or  manufacturing  §  §  11,  21 ; 
corporations,  except  those  created  for  distilling  or  manu-  ises.liss, 
f  acturing  intoxicating  liquors,  shall  be  the  amount  deter-  i8866,  290, 
mined  by  the  stockholders  at  a  meeting  called  for   the  fg5™,  224, 
purpose.     The  capital  stock  of  a  corporation  which  is  es-  J^-  110 
tablished  in  this  commonwealth  and  is  subject  to  taxation  §2.  ' 

_  ••  /»•/»  •  f»       T  ft  loToj  0*7,  §  w. 

under  the  provisions  of  section  forty-nine  of  chapter  four-  1875,  177, 
teen  shall  not  be  reduced  except  upon  application  to  the  p.  s.  is,  §43; 
supreme  judicial  court.     Written  notice  of  such  applica-  1399, 199, 
tion  shall  be  given  to  the  tax  commissioner  and  to  the  at-  §  2* 
torney  general  at  least  ten  days  before  the  hearing.     (See 
Revised  Laws,  chapter  109,  §§  24,  26,  27  and  28  on  pages 
18-21.) 

SECTION  32.  A  corporation  which  is  created  by  special  0JJ2)jnc8°^a 
charter  for  the  purpose  of  carrying  on  any  mechanical  or  jJgJJJJ16  and 
manufacturing  business  and  which  has  not  accepted  the  capital. 

-  ~,  .        -,  ,1  j.  .    .  1871,  110, 

provisions  01  this  chapter  or  the  corresponding  provisions  §  2. 
of  earlier  laws,  and  a  corporation  which  is  created  by  spe-  it™;  m?  2' 
cial  charter  for  the  purpose  of  mining  whether  otherwise  p3g.  106, 
subject  to  the  provisions  of  this  chapter  or  not,  [and,  sub-  ^e'nded 
ject  to  the  provisions  of  section  twenty-four  of  chapter  one  1908> 53*- 
hundred  and  nine,  a  corporation  which  is  created  by  spe- 
cial charter  or  organized  under  general  laws  for  the  pur- 
pose of  making  and  selling  gas  for  light  in  a  city  or  town, 
whether  otherwise  subject  to  the  provisions  of  this  chapter 
or  not]  may  increase  its  capital  stock  to  an  amount  not  ex- 
ceeding one  million  dollars,  and  may  reduce  the  same,  sub- 
ject  to  the   provisions   of  this   chapter.      A    corporation 
which  is  created  by  special  charter  or  organized  under 
general  laws  for  the  purpose  of  making  and  selling  gas 
or  electricity  for  light,  heat  or  power  in  a  city  or  town, 
whether  otherwise  subject  to  the  provisions  of  this  chap- 
ter or  not,  may  increase  its  capital  stock  from  time  to 
time  by  such  amounts  as  may  be  authorized  by  the  board 
of  gas  and  electric  light  commissioners  in  accordance  with 
the  provisions  of  section  twenty-four  of  chapter  one  hun- 


122 


MANUFACTURING  AND   OTHER  CORPORATIONS. 


Certain 
corporations 
may  hold 
real  property. 
1871,  110, 
§  3. 

1873,  39,  §  2. 
P.  S.  106, 
§  36. 

Disposition  of 
new  shares. 

1870,  179. 

1871,  109. 
1877,  230. 
§3. 

P.  S.  106, 

§37. 

132  Mass.  76. 

168  Mass.  345, 

349. 


Disposition 
of  new  shares 
of  co-opera- 
tive associa- 
tions. 
1871,  109. 
1877,  230, 
§3. 

Special  stock. 
1855,  290. 
G.  S.  60,  §  12. 
1870,  224, 
§25. 

P.  S.  106, 
§42. 

15  Gray,  274. 
136  Mass.-207. 
139  Mass.  5. 


dred  and  nine,  and  may  reduce  the  same,  subject  to  the 
provisions  of  this  chapter. 

SECTION  33.  A  mechanical,  manufacturing  or  gas  cor- 
poration whose  capital  stock  is  increased  under  the  provi- 
sions of  the  preceding  section  may  hold  real  property 
necessary  for  the  purposes  for  which  it  was  organized. 

SECTION  34.  If  a  corporation  which  is  subject  to  the 
provisions  of  this  chapter,  except  a  co-operative  associa- 
tion or  a  corporation  mentioned  in  section  thirty  of  chapter 
one  hundred  and  nine,  increases  its  capital  stock,  its  di- 
rectors shall  give  written  notice  of  such  increase  to  each 
of  its  stockholders  in  the  manner  provided  in  section 
twenty-nine  of  chapter  one  hundred  and  nine,  and  each 
stockholder  may  take  his  proportion  of  the  new  shares  as 
is  provided  in  said  section.  The  shares  which  are  not  so 
taken  may  be  sold  or  issued  in  such  manner  as  its  stock- 
holders may  by  vote  direct ;  but  no  shares  shall  be  so  sold 
or  issued  for  a  less  amount  than  the  par  value  thereof. 
(See  Acts  of  1909,  chapter  Ifll ,  as  amended  by  Acts  of 
1910,  chapter  374,  on  page  21.) 

SECTION  35.  If  a  co-operative  association  increases  its 
capital  stock  the  new  shares  may  be  sold  or  issued  in  such 
manner  as  the  stockholders  may  by  vote  direct,  but  not  for 
a  less  amount  than  the  par  value  thereof.  p.  s.  ioe,  §  38. 

SECTION  36.  A  corporation  which  is  subject  to  the  pro- 
visions of  this  chapter  may,  by  a  vote  of  three-fourths  of 
its  general  stockholders  at  a  meeting  duly  called  for  the 
purpose,  issue  special  stock,  the  total  amount  of  which 
outstanding  at  any  time  shall  not  exceed  two-fifths  of  the 
actual  capital  paid  in  on  the  general  and  special  stock,  and 
shall  be  subject  to  redemption  at  par  after  a  fixed  time 
which  shall  be  expressed  in  the  certificates.  Holders  of 
special  stock  shall  be  entitled  to  receive,  and  the  corpora- 
tion shall  be  bound  to  pay  thereon,  a  fixed  half-yearly  sum 
or  dividend,  which  shall  be  expressed  in  the  certificates, 
not  exceeding  four  per  cent,  and  they  shall  not  be  liable 
for  the  debts  of  the  corporation  beyond  their  stock. 


Corporations 
may  issue 
preferred 
stock  to  cer- 
tain amounts, 
etc. 


Acts  of  1902,  Chapter  441. 

An  Act  to  authorize  Corporations  to  issue  Preferred  Stock. 

SECTION  1.  Every  corporation  organized  under  the  laws  .of 
this  Commonwealth  shall  have  power  to  issue  preferred  stock  to 
an  amount  not  exceeding  at  any  time  the  amount  of  the  general 
stock  then  outstanding,  with  such  preferences  and  voting  powers 


MANUFACTURING  AND   OTHER  CORPORATIONS.  123 

or  restrictions  or  qualifications  thereof  as  shall  be  fixed  and  deter- 
mined in  the  by-laws  at  the  organization  of  the  corporation;  or 
after  organization,  by  a  two  thirds  vote  of  all  the  stock,  or  by  a 
by-law  adopted  by  a  two  thirds  vote  of  all  the  stock,  at  a  meet- 
ing duly  called  for  the  purpose. 

SECTION  2.     Such  stock  shall  be  issued  subject  to  all  general  Certain  pro- 

0  visions  of  law 

laws  of  the  Commonwealth  governing  the  issue  of  capital  stock;  to  apply, 
and  each  certificate  subsequently  issued  of  stock  in  the  corpora- 
tion shall  have  fully  and  plainly  printed  thereon  the  by-law  or 
vote  of  the  corporation  authorizing  the  issue  of  preferred  stock. 
SECTION  3.  This  act  shall  take  effect  upon  its  passage.  [Ap- 
proved June  5j  1902. 

SECTION  37.  A  corporation  which  is  subject  to  the  pro-  Employees' 
visions  of  this  chapter  may,  by  a  vote  of  its  general  stock-  i880,'20d, 
holders  at  a  meeting  called  for  the  purpose,  issue  em- 
ployees' stock  to  be  held  only  by  the  employees  of  such 
corporation.  The  par  value  of  the  shares  of  such  em- 
ployees' stock  shall  be  ten  dollars,  and  the  purchasers 
thereof  may  pay  for  them  in  monthly  instalments  of  one 
dollar  upon  each  share.  The  total  amount  of  such  em- 
ployees' stock  outstanding  at  any  time  shall  not  exceed 
two-fifths  of  the  actual  capital  paid  in  on  the  general  and 
employees'  stock. 

SECTION  38.    If  a  dividend  is  paid  by  such  corporation  Dividends  on 
to  its  stockholders,  the  holders  of  employees'  stock  shall  stock. 

1 ftftfi    9OQ 

receive  upon  each  share  which  has  been  paid  for  in  full  §  2.  ' 
in  time  to  be  entitled  to  a  dividend,  an  amount  which  shall 
bear  such  proportion  to  the  amount  paid  as  a  dividend 
upon  each  share  of  the  general  stock  of  such  corporation 
as  the  par  value  of  the  shares  of  such  employees'  stock 
bears  to  the  par  value  of  the  shares  of  such  general  stock. 

SECTION  39.     The  shares  of  employees'  stock  shall  not  Transfer  of 

,  ,  ,  f  ^  i  c          i  employees' 

be  sold  or  transierred  except  to  an  employee  oi  sucn  cor-  stock. 

.LI  .•          -j.      IP         A  iJ  1-1      1886,209, 

poration  or  to  the  corporation  itself.  A  corporation  which  §  3. 
issues  employees'  stock  may  prescribe  by  its  by-laws  the 
number  of  shares  which  may  be  held  by  any  one  employee 
and  the  method  of  transfer  and  redemption  of  such  stock 
as  is  held  by  any  person  after  he  ceases  to  be  an  employee 
of  the  corporation. 

SECTION  40.    Every  corporation  which  is  subiect  to  the  Assessments 

r    ,-t  •         i  c  ,  •  ,  •  upon  shares. 

provisions  oi  this  chapter  may,  irom  time  to  time  at  a  isos,  65,  §  5. 
legal  meeting  called  for  the  purpose,  assess  upon  each  share  R82s9>358%  is. 
such  amount  of  money  as  it  considers  proper,  not  exceed-  G*  s>  60>  §  14' 


124 


MANUFACTURING  AND    OTHER  CORPORATIONS. 


1870,  224, 

§27. 

P.  S.  106, 

§43. 


Sale  of  shares 
to  pay  as- 
sessments. 
1808,  65,  §  5. 
1829,  53,  §  5. 
R.  S.  38,  §  14. 
G.  S.  60,  §  15. 
1870,  224, 
§  28. 

P.  S.  106, 
§44. 


Notice  of  sale, 
and  deed  of 
shares  sold. 
1808,  65,  §  5. 
1829,  53,  §  5. 
R.  S.  38,  §  15. 
G.  S.  60,  §  16. 
1870,  224, 
§  29. 

P.  S.  106, 
§45. 


Capital  stock, 

payment  of. 

1829,  53,  §  6. 

R.  S.  38, 

§§  16,  17. 

1851,  133, 

§4. 

1857,  276, 

§  1. 

G.  S.  60, 

§  §  17,  18:  61, 

§  8. 

1866,  290, 

§  8. 

1870,  224, 

§  32. 

1875,  177. 

§2. 

P.  S.  106, 

§46. 

6  Met.  114. 

—  how  paid 

in. 

1829,  53,  §  8. 

R.  S.  38,  §  24. 

G.  S.  60,  §  14. 

1870,  224, 

§  27. 

1875,  177, 

§2. 

P.  S.  106, 

§§  47,  48. 


ing  in  the  whole  the  par  value  thereof,  unless  the  price  is 
fixed  as  provided  by  section  thirty  of  chapter  one  hundred 
and  nine,  and,  in  such  case,  not  exceeding  said  price. 
Such  assessments  shall  be  paid  to  the  treasurer  at  such 
times  and  by  such  instalments  as  the  corporation  directs. 

SECTION  41.  If  the  stockholder  neglects  to  pay  an 
amount  duly  assessed  on  his  shares  for  thirty  days  after 
the  time  appointed  for  payment,  the  treasurer  of  the  cor- 
poration may  sell  by  public  auction  a  sufficient  number 
thereof  to  pay  all  assessments  then  due  from  him  with 
necessary  and  incidental  charges. 

14  Pick.  483.  14  Mass.  285.  16  Mass.  94.  121  Mass.  272. 

SECTION  42.  The  treasurer  shall  give  notice  of  the  time 
and  place  appointed  for  such  sale,  and  of  the  amount  due 
on  each  share,  by  advertising  the  same  three  weeks  suc- 
cessively before  the  sale  in  a  newspaper,  if  any,  published 
in  the  county  in  which  the  corporation  is  established ;  other- 
wise in  a  newspaper  published  in  an  adjoining  county; 
and  a  deed  of  the  shares  so  sold,  made  by  the  treasurer 
and  acknowledged  before  a  justice  of  the  peace  and  re- 
corded as  provided  in  section  twenty-eight,  shall  transfer 
said  shares  to  the  purchaser,  who  shall  be  entitled  to  a 
certificate  therefor. 

SECTION  43.  A  corporation  which  is  subject  to  the  pro- 
visions of  this  chapter  shall  not  commence  the  transaction 
of  the  business  for  which  it  was  organized  or  chartered 
until  the  whole  amount  of  its  capital  stock  has  been  paid 
in  and  a  certificate  of  that  fact,  and  of  the  manner  in 
which  the  same  has  been  paid  in  and,  at  the  time  of  mak- 
ing the  certificate,  been  invested  or  voted  by  the  corpora- 
tion to  be  invested,  signed  and  sworn  to  by  the  president, 
treasurer  and  a  majority  of  the  directors,  has  been  filed 
in  the  office  of  the  secretary  of  the  commonwealth. 


101  Mass.  381. 
117  Mass.  478. 


127  Mass.  564. 
152  Mass.  428. 


155  Mass.  184. 
179  Mass.  18. 


180  Mass.  329. 
195  Mass.  463. 


SECTION  44.  The  capital  stock,  except  as  provided  in 
this  and  the  following  section,  shall  be  paid  in  in  cash. 
The  conveyance  to  the  corporation  of  real  or  personal 
property  at  a  fair  valuation  shall  be  a  sufficient  paying  in 
of  its  capital  stock  to  the  extent  of  such  value,  if  a  state- 
ment, made,  signed  and  sworn  to  by  its  president,  treas- 
urer and  a  majority  of  its  directors,  giving  a  description 
of  such  property  and  the  value  at  which  it  has  been  taken 
in  payment,  in  such  detail  as  the  commissioner  of  corpo- 


MANUFACTURING  AND    OTHER  CORPORATIONS.  125 

rations  shall  require  or  approve,  and  indorsed  with  his 
certificate  that  he  is  satisfied  that  said  valuation  is  fair 
and  reasonable,  is  filed  with  the  secretary  of  the  common- 
wealth. Such  statement  shall  be  included  in  the  certifi- 
cate of  payment  of  capital  required  by  the  preceding 
section.  No  note  or  obligation  given  by  a  stockholder, 
whether  secured  by  pledge  or  otherwise,  shall  be  con- 
sidered as  payment  of  any  part  of  the  capital  stock.  (See 
Revised  Laws,  chapter  109,  §§  20,  SO,  31,  and  Acts  of  ' 
1909,  chapter  477,  pages  18,  20  and  21.) 

SECTION  45.     If  the  corporation  was  organized  for  the  Capital  stock, 

,,  .    .  n     .  .  ,.  may  be  paid 

purpose  oi   acquiring  claims   against,   or  property  of,   a  in  claims 
bankrupt  or  insolvent  corporation,  or  property  conveyed  fn  certaST*7 
by  it  for  the  benefit  of  its  creditors,  as  provided  in  section  I^TQ,'  275, 
fourteen,  any  such  claims  or  property  may  be  assigned  and  |§  |;  ^Q6) 
conveyed  to  the  corporation  in  payment  for  shares  of  its  § 49- 
capital  stock  at  a  fair  and  reasonable  valuation,  to  be  de- 
termined and  approved  by  the  commissioner  as  provided 
in  the  preceding  section ;  and  his  decision  that  such  valua- 
tion is  fair  and  reasonable,  when  made  and  certified  as 
therein  required,  shall  be  final.     No  claim  shall  be  so  as- 
signed or  conveyed  after  three  years  from  the  date  when 
the  original  corporation  was  adjudicated  bankrupt  or  in- 
solvent or  made  such  assignment  for  the  benefit  of  its 
creditors. 

Revised  Laws,  Chapter  109,  §  40. 
UNCLAIMED  DIVIDENDS. 

SECTION  40.     Each   corporation  in  this   commonwealth   shall.  List  of  un- 

claimed  divi- 

once  in  every  five  years,  publish  three  times  successively  in  a  dendstobe 

....  published. 

newspaper  in  the  city  of  Boston,  and  also  in  a  newspaper,  if  any,   1837,  56. 
in  the  county  in  which  the  corporation  is  established,  a  list  of  all  p.'  s.'  105, 
dividends  which  have  remained  unclaimed  for  two  years  or  more 
and  the  names  of  the  persons  to  whose  credit  such  dividends  stand. 

Business  of  Corporation. 

SECTION  46.    A  corporation  which  is  subject  to  the  pro- 
visions  of  this  chapter  may  in  its  corporate  name  purchase, 
hold  and  convey  real  and  personal  property  necessary  for  §  7.  ' 
the  purposes  of  its  organization ;  may  carry  on  its  business,  §  i.  ' ' 
or  so  much  thereof  as  is  convenient,  beyond  the  limits  of  G.  s.'6i,'§  7. 
this  commonwealth,  and  may  there  purchase  and  hold  real  §8266'  290' 
or  personal  property  necessary  for  conducting  its  business ;  gg7^  232^' 
but  it  shall  not  direct  its  operations  or  appropriate  its  g^f's^so' 

157  Mass!  37. 


126 


MANUFACTURING  AND   OTHER  CORPORATIONS. 


Change  of 

corporate 

business. 

1875,  177, 

§4. 

P.  S.  106, 

§51. 

1885,  310. 

Amended, 

1910,  124. 


funds  to  any  other  purpose  than  that  specified  in  its  agree- 
ment of  association  or  its  charter,  as  the  case  may  be,  ex- 
cept as  provided  in  section  seven  of  chapter  one  hundred 
and  nine  and  in  the  three  following  sections.  No  convey- 
ance or  mortgage  of  its  real  property,  or  lease  thereof  for 
more  than  one  year,  shall  be  made  unless  authorized  by  a 
vote  of  the  stockholders  at  a  meeting  called  for  the  purpose. 

SECTION  47.  A  corporation  which  is  subject  to  the  pro- 
visions of  this  chapter  may,  by  a  vote  of  all  its  stockholders 
at  a  meeting  duly  called  for  the  purpose,  alter,  add  to  or 
change  the  business  for  the  transaction  of  which  it  was 
incorporated,  but  it  shall  not  engage  in  any  business  which 
is  not  authorized  by  the  provisions  of  this  chapter,  and  if 
incorporated  for  the  purpose  of  making,  selling  or  distrib- 
uting gas  for  light  or  for  heating,  cooking,  chemical  and 
mechanical  purposes,  it  shall  not  engage  in  the  business  of 
making  or  selling  electricity  for  light,  heat  or  power,  unless 
duly  authorized  to  engage  therein  as  provided  in  section 
fourteen  of  chapter  one  hundred  and  twenty-one  of  the  Re- 
vised Laws,  and  if  incorporated  for  the  purpose  of  making 
or  selling  electricity  for  light,  heat  or  power,  it  shall  not 
engage  in  the  business  of  making,  selling  or  distributing 
gas  for  light  or  for  heating,  cooking,  chemical  and  mechan- 
ical purposes.  A  certificate  setting  forth  such  alteration, 
addition  or  change,  signed  and  sworn  to  by  the  president, 
treasurer  and  a  majority  of  the  directors,  shall  be  filed  in 
the  office  of  the  secretary  of  the  commonwealth. 

SECTION  48.  Any  gas  company  which  was  organized 
or  chartered  before  the  ninth  day  of  April  in  the  year 
eighteen  hundred  and  seventy-nine  may  engage  in  the  busi- 
ness of  making,  selling  and  distributing  gas  for  heating, 
chemical  and  mechanical  purposes,  or  of  generating  or 
furnishing  steam  or  hot  water  for  heating,  cooking  and  me- 
chanical power  in  a  city  or  town,  by  a  vote  of  four-fifths  of 
the  stockholders  representing  not  less  than  two-thirds  of  the 
stock,  at  a  meeting  duly  called  for  that  purpose,  upon  filing 
in  the  office  of  the  secretary  of  the  commonwealth  a  certifi- 
cate as  provided  in  the  preceding  section. 


hospitals5  in  SECTION  50.     A  manufacturing  corporation  may,  by  a 

1889,  258.        vote  of  a  majority  of  the  stock  represented  at  a  meeting 

of  the   stockholders  thereof,   appropriate  not  more  than 

five  thousand  dollars  or  an  annual  sum  of  not  more  than 


Gas  com- 
panies may 
furnish  steam, 
etc. 

1879,  202, 
§2. 

P.  S.  106, 
§  52. 

1885,  240, 
§  1. 


MANUFACTURING  AND    OTHER  CORPORATIONS.  127 

five  hundred  dollars  for  the  support  of  free  beds  in  one 
or  more  hospitals  in  this  commonwealth,  for  the  use  of 
its  employees. 

Certificates  and  Returns. 

SECTION  51.    Every  corporation  chartered  by  this  com-  Annual  cer- 

monwealth  or  organized  under  the  general  laws  for  the  Slftlon. 

purpose  of  business  or  profit,  which  has  a  capital  stock  R82s9l3588'§§22. 
divided  into  shares,  except  banks,  co-operative  banks,  sav- 
ings  banks  and  institutions  for  savings,   insurance  com- 

panics,  including  the  Massachusetts  Hospital  Life  Insur-  i|55',  68,  §  3. 

ance  Company,  steam  and  street  railway  companies,  safe  G.  s.'eo, 

deposit  and  trust  companies  and  the  Collateral  Loan  Com-  ei,  §  io.  ' 
pany,  shall  annually  file  in  the  office  of  the  secretary  of  ' 


90, 

the  commonwealth,  within  thirty  days  after  the  date  fixed  i8670,  224, 
in  its  by-laws  for  its  annual  meeting  last  preceding  the  f  8373jf  110 
date  of  such  certificate,  or  within  thirty  days  after  the  ' 

final   adjournment   of   said  meeting,   but   not   more   than 
three  months  after  the  date  so  fixed  for  said  meeting,  a  §54'. 
certificate  signed  and  sworn  to  by  its  president,  treasurer  1390!  199! 
and  at  least  a  majority  of  its  directors,  stating  the  date  of  i886MasS9'479. 
holding  such  meeting,  the  amount  of  capital  stock  as  it- 
then  stands  fixed  by  the  corporation,  the  amount  then  paid 
in,  the  name  of  each  shareholder  and  the  number  of  shares 
standing  in  his  name,  and  the  assets  and  liabilities  of  the 
corporation,  in  such  form,  with  such  detail  and  of  such 
date  as  the  commissioner  of  corporations  shall  require  or 
approve.     Such  certificates  shall,  by  the  act  of  filing,  be 
considered  as  recorded  and  shall  be  preserved  by  the  sec- 
retary in  book  form  convenient  for  reference. 

SECTION  52.     Such  certificate  of  a  corporation  which  verification 

i  •      i  i  i-i-ii  T-I'  "y  auditor. 

has  a  capital  stock  of  one  hundred  thousand  dollars  or  1397,492. 

i      IT    i  •     -i    -i  •  i          1898,  64. 

more  shall  be  accompanied  by  a  written  statement  under 
oath  by  an  auditor  to  be  employed  by  a  committee  of  three 
stockholders  who  are  not  directors  which  shall  be  selected 
at  the  annual  meeting  of  the  stockholders,  or,  if  there  are 
less  than  three  stockholders  other  than  directors,  to  be  em- 
ployed by  the  directors,  stating  that  such  certificate  repre- 
sents the  true  condition  of  the  affairs  of  said  corporation 
as  disclosed  by  its  books  at  the  time  of  making  such  audit. 
The  statement  of  the  auditor  shall  be  filed  by  him  with 
said  certificate  in  the  office  of  the  secretary  of  the  common- 
wealth and  shall  be  attached  to  and  form  a  part  of  said 


128 


MANUFACTURING  AND  OTHER   CORPORATIONS. 


Corporations 
failing  to 
make  such 
certificate  may 
be  dissolved. 
1877,  230, 
§  2. 

P.  S.  106, 
§  55. 

Certificate  of 

increase  of 

capital  stock. 

1851,  133, 

§  8. 

G.  S.  61,  §  9. 

1870,  224, 

§34. 

P.  S.  106, 

§  56. 


—  of  reduc- 
tion of 
capital. 
1855,  478, 
§5. 

G.  S.  61,  §  9. 
1870,  224, 
§35. 

P.  S.  106, 
§57. 

Examination 
and  indorse- 
ment of  cer- 
tificates. 
1870,  224, 
§37. 

P.  S.  106, 
§  59. 

1887,  225. 
1896,  369. 
1898,  503, 
§  1. 

[lOp.  A.  G. 
203,  278.] 


certificate.  The  auditor  shall  be  sworn  to  the  faithful 
performance  of  his  duties  by  a  justice  of  the  peace  or  some 
other  magistrate  authorized  to  administer  oaths  or  affirma- 
tions ;  and  evidence  of  such  appointment  and  qualification 
shall  be  filed  in  the  office  of  the  commissioner  of  corpora- 
tions. 

SECTION  53.  If  a  corporation  fails  for  two  successive 
years  to  file  such  annual  certificate,  the  supreme  judicial 
court,  upon  application  by  the  commissioner,  after  notice 
and  a  hearing,  may  decree  a  dissolution  of  the  corpora- 
tion. 1887,  225.  1896,  369. 

SECTION  54.  A  corporation  which  is  subject  to  the  pro- 
visions of  this  chapter  shall,  upon  an  increase  of  its  capital 
stock,  within  thirty  days  after  the  payment  or  collection 
of  the  last  instalment  thereof,  file  a  certificate  of  the 
amount  of  such  increase  and  the  fact  of  such  payment, 
signed  and  sworn  to  by  its  president,  treasurer  and  a  ma- 
jority of  its  directors,  in  the  office  of  the  secretary  of  the 
commonwealth. 

SECTION  55.  A  corporation  which  is  subject  to  the  pro- 
visions of  this  chapter  shall,  within  thirty  days  after  a 
reduction  of  its  capital  stock  is  voted,  file  in  the  office  of 
the  secretary  of  the  commonwealth  a  copy  of  the  vote  au- 
thorizing such  reduction,  signed  and  sworn  to  by  its  clerk. 

SECTION  57.  The  certificate  or  copy  which  is  required 
to  be  filed  by  the  provisions  of  section  eighteen  of  chapter 
one  hundred  and  nine  and  sections  forty-three,  forty-seven, 
fifty-one,  fifty-four,  fifty-five  and  fifty-six  of  this  chapter 
shall,  before  filing,  be  submitted  to  the  commissioner  of 
corporations,  who  shall  examine  the  same;  and  if  it  ap- 
pears to  him  to  be  a  sufficient  .compliance  in  form  with 
the  requirements  of  this  chapter,  he  shall  certify  his  ap- 
proval thereof  by  indorsement  upon  the  same ;  but  he  shall 
indorse  only  the  date  and  fact  of  submission  to  his  inspec- 
tion upon  the  copies  of  votes  of  corporations  or  the  authori- 
zations of  municipal  authorities  required  by  the  preceding 
section ;  and  upon  the  payment  of  the  fee  hereinafter  pro- 
vided, the  same  may  be  filed  in  the  office  of  the  secretary 
of  the  commonwealth,  who  shall  receive  and  record  the 
same  in  books  to  be  kept  for  the  purpose ;  and,  upon  such 
filing,  the  corporation  and  its  officers  shall  be  conclusively 
held  to  have  complied  with  the  requirements  of  this  chap- 


MANUFACTURING  AND  OTHER   CORPORATIONS.  129 

ter  in  respect  to  the  filing  of  such  certificate,  except  that 
it  may  be  shown  in  evidence  that  the  statements  made  in 
such  return  were  false,  and  were  known  to  be  so  by  any 
officer  or  officers  signing  or  making  oath  to  the  same. 

Revised  Laws,  Chapter  5,  §  11. 
Of  the  Secretary  of  the  Commonwealth. 

SECTION  11.     He  shall  annually  prepare,  cause  to  be  printed  Abstract  of 

and  on  the  first  Wednesday  of  January  submit  to  the  general  issi.TssJ' 

court,  a  true  abstract  from  the  certificates,  excepting  those  of  Q.1!'.  ei,  §  13. 

foreign  corporations,  required  by  [chapter  one  hundred  and  ten]  g86720>  224> 
law  to  be  deposited  with  him,  a  statement  of  the  names  of  all  cor-        »-         §  2- 


porations  changed  under  the  provisions  of  sections  nine,  ten  and  §  5- 

eleven  of  chapter  one  hundred  and  nine,  and  the  names  of  all  1903,424. 
corporations  dissolved. 

Liability  of  Officers  and  Stockholders. 

SECTION  58.    The  officers  of  a  corporation  which  is  sub-  Liability  of 

o  1       it    1  •     •        1  i  officers  for 

ject  to  the  provisions  of  this  chapter  shall  be  jointly  and  ^t^and 

severally  liable  for  its  debts  and  contracts  in  the  following  1821,  ss.' 

i  j_i  *  1829,  53, 

cases,  and  not  otherwise  :  —  §  §  s,  9. 

The  president  and  directors  shall  be  so  liable,  —  f§  23-25,  28. 

First,  For  making  or  consenting  to  a  dividend  if  the  ^§  ?'7-25,  30. 

corporation  is  or  thereby  is  rendered  insolvent,  to  the  ex-  JJ6,2'  2*8,  §  i. 

tent  of  such  dividend.  §83785-'  m'  §  2 

Second,  For  debts  contracted  between  the  time  of  mak-  is??!  230',  §  i'. 

ing  or  assenting  to  a  loan  to  a  stockholder  and  the  time  of  §  eo'. 

its  repayment,  to  the  extent  of  such  loan.  LO  Gray,  232, 

Third,  If  the  debts  of  a  corporation  exceed  its  capital,  i2°Gray,  203. 
to  the  extent  of  such  excess  existing  at  the  time  of  the 
commencement  of  the  suit  against  the  corporation  in  which 
the  judgment  was  recovered  upon  which  the  suit  in  equity 

to  enforce  such  liability  is  brought   as  hereinafter  pro-  127  Mass!  563. 

.  ,     ,  J  137  Mass.  516. 

Vlded.  148  Mass.  226. 

The  president,  directors,  and  treasurer  shall  be  so  li-  iie  MaX  490! 

-•L-U  173  Mass.  242. 

at>le,  —  174  Mass.  434, 

Fourth,  For  signing  any  statement  filed  under  the  pro- 
visions  of  section  forty-four,  if  the  property  mentioned 

in  such  statement  is  not  conveyed  and  taken  at  a  fair  531,^578.  'iig 

valuation;  but  only  the  officer  or  officers  who  sign  the  559. 

i     n  i  v    T-l  189  Mass.  566. 

statement  shall  be  so  liable.  190  Mass.  38, 

The  president,  directors  and  other  officers  shall  be  so  195  Mass.  462. 

liable,—  198M.ss.79. 


130 


MANUFACTURING  AND    OTHER  CORPORATIONS. 


Liability  of 
stockholders 
or  members. 
1821,  38. 
1826,  137,  §  2. 
1829,  53, 
§§  6,  7,  10,  11. 
R.  S.  38, 
§§  16,  21, 
32,  33. 

1851,  133, 
§  15;  252. 

1852,  9. 
1855,  290. 
G.  S.  60, 
§§  12,  17, 
22;  68,  §  16. 
1862,  218,  §  2. 
1870,  224, 

§  39. 

1875,  177, 
§  1. 

1876,  1,  §  1. 
P.  S.  106, 

§  61. 

13  Pick.  484. 
21  Pick.  454. 
6  Met.  114. 
12  Met.  3. 
8  Gush.  182. 
11  Gush.  183. 
10  Gray,  232. 

15  Gray,  216. 

16  Gray,  127. 
2  Allen,  498. 
6  Allen,  579. 
106  Mass.  131. 
118  Mass.  295. 
127  Mass.  564, 
586. 

134  Mass.  590. 
183  Mass.  565. 
195  Mass.  464. 

Stockholders 
and  officers, 
when  liable. 

1851,  315, 
§  3. 

1852,  24. 

G.  S.  60,  §  34. 

1862,  218, 

§3. 

1866,  290, 

§  10. 

1870,  224, 

§  40. 

P.  S.  106, 

§  62. 

8  Allen,  86. 

Clerk  to  fur- 
nish creditor 
with  names  of 
officers  and 
stockholders. 


Fifth,  For  signing  any  certificate  which  is  required  by 
law  knowing  it  to  be  false;  but  only  the  officer  or  officers 
who  have  knowledge  thereof  shall  be  liable. 

Sixth,  For  debts  contracted  before  the  original  capital 
has  been  fully  paid  in  and  the  certificate  of  such  payment 
has  been  filed  in  accordance  with  the  provisions  of  section 
forty-three. 

SECTION  59.  The  members  or  stockholders  in  any  cor- 
poration which  is  subject  to  the  provisions  of  this  chapter 
shall  be  jointly  and  severally  liable  for  its  debts  or  con- 
tracts in  the  following  cases,  and  not  otherwise :  — 

First,  For  such  as  may  be  contracted  before  the  original 
capital  is  fully  paid  in;  but  only  those  stockholders  who 
have  not  paid  in  full  the  par  value  of  their  shares,  and 
those  who  have  purchased  such  shares  with  knowledge  of 
the  fact,  shall  be  liable  for  such  debts. 

Second,  For  the  payment  of  all  debts  existing  at  the 
time  when  the  capital  is  reduced,  to  the  extent  of  the 
amounts  withdrawn  and  paid  to  stockholders. 

Third,  If  special  stock  is  created  under  the  provisions 
of  section  thirty-six,  the  general  stockholders  shall  be  liable 
for  all  debts  and  contracts  until  the  special  stock  shall  have 
been  fully  redeemed. 

Fourth,  For  all  money  due  to  operatives  for  services 
rendered  within  six  months  before  demand  made  upon 
the  corporation,  and  its  neglect  or  refusal  to  make  pay- 
ment. 

Any  such  member  or  stockholder  who  pays,  on  a  judg- 
ment or  otherwise,  more  than  his  proportion  of  any  such 
debt  shall  have  a  claim  for  contribution  against  the  other 
members  or  stockholders. 

SECTION  60.  A  stockholder  or  officer  in  such  corpora- 
tion shall  not  be  held  liable  for  its  debts  or  contracts  unless 
a  judgment  has  been  recovered  against  it  and  it  has  neg- 
lected for  thirty  days  after  demand  made  on  execution  to 
pay  the  amount  due,  with  the  officer's  fees,  or  to  exhibit 
to  him  real  or  personal  property  of  the  corporation  sub- 
ject to  be  taken  on  execution,  sufficient  to  satisfy  the  same, 
and  the  execution  has  been  returned  unsatisfied. 


103  Mass.  160. 
115  Mass.  380. 


127  Mass.  563. 
174  Mass.  434. 


180  Mass.  515. 
183  Mass.  565. 


198  Mass.  78. 
203  Mass.  554. 


SECTION  61.  The  clerk  or  other  officer  who  has  charge 
of  the  records  of  any  such  corporation  against  which  judg- 
ment has  been  so  recovered  and  execution  so  issued  and 


MANUFACTURING  AND    OTHER  CORPORATIONS.  131 

returned  unsatisfied,  upon  reasonable  request  of  the  judg-  1864,  219, 

ment  creditor  or  of  his  attorney,  shall  furnish  to  him  a  ISTO,  224, 

certified  list  of  the  names  of  all  persons  who  were  officers  p4g.'  ice, 

and  stockholders  in  such  corporation  at  the  time  of  the  is^kass.  565. 
commencement  of  the  suit  in  which  judgment  was  re- 
covered. 

SECTION  62.     After  the  execution  has  been  so  returned,  Creditor  may 

any  creditor  may  file  a  bill  in  equity,  in  behalf  of  himself  equity  against 

-1-11,1  i*j  c    ,1  .•  •       j_    «j  i    corporation 

and  all  other  creditors  01  the  corporation,  against  it  and  officers  and 


all  persons  who  were  stockholders  therein  at  the  time  of 

the  commencement  of  the  suit  in  which  such  judgment  JUJ  137' 

was  recovered,  or  against  all  the  officers  who  are  liable  for 

its  debts  and  contracts,  for  the  recovery  of  the  money  due 

from  the  corporation  to  himself  and  the  other  creditors  §§29-31; 

for  which  the  stockholders  or  officers  may  be  personally  issi,  sis, 

liable  by  reason  of  any  act  or  omission  on  the  part  of  the  1352,  2*4. 

corporation  or  that  of  its  officers  or   any  of  them,   set-  §§fi?32, 

ting  forth  the  judgment  and  proceedings  thereon,  and  the  it^^isf7' 

grounds  upon  which  it  is  expected  to  charge  the  stock-  |84g6  290 

holders  or  officers  personally.  J^  224' 

8  Gush.  93.  3  Allen,  485.  109  Mass.  473.  144  Mass.  399.         §  42.' 

9  Cush.  192.  9  Allen,  471.  115  Mass.  286.  173  Mass.  242.        P.  S.  106, 
11  Gray,  139.          101  Mass.  385               118  Mass.  269.  183  Mass.  565.        §  64. 

14  Gray,  193.          108  Mass.  404,  523.      127  Mass.  563,  592.       203  Mass.  555. 

SECTION  63.     Such  sums  as  may  be  decreed  to  be  paid  stockholders 
by  the  stockholders  in  such  suit  in  equity  shall  be  assessed  in  proportion 
upon  them  in  proportion  to  the  amounts  of  stock  held  by  i862,*i8,  §  5. 
them  respectively  at  the  time  when  the  suit  in  which  said  §8473°'  224> 
judgment  was  recovered  was  begun;  but  no  stockholder 
shall  be  liable  to  pay  a  larger  sum  than  the  amount  of 
stock  held  by  him  at  that  time  at  its  par  value.  183  Mass-  565- 

SECTION  64.     The  estates  and  funds  in  the  hands  of  Liability  of 

.     .  ,  .  estates  in 

executors,  administrators,  guardians,  conservators  or  trus-  hands  of  ex- 
tees  shall  be  liable  to  no  greater  extent  than  the  testator,  1826,  137,  * 
intestate,   ward   or   person   interested   in   the  trust   fund  1829,  53, 
would  have  been,  if  living  and  competent  to  act  and  hold  j^1!;  38>  §  34. 
the  stock  in  his  own  name.      G.  s.  68,  §  is.       1862,  213,  §  e.  1838'  98>  §  1- 

1870,  224,  §  44.  10  Pick.  370.          9  Cush.  192.  183  Mass.  565. 

P.  S.  106,  §  66.  6  Met.  114.  101  Mass.  60.  198  Mass.  81. 

SECTION  65.     If  a  defendant  dies  during  the  pendency  suit  in  equity, 
of  such  a  suit  in  equity,  it  shall  not  abate  thereby;  but  deathbofe0dney 
his  estate  in  the  hands  of  his  executor  or  administrator  i^S^Sis, 
shall  be  liable  to  the  same  extent  as  he  would  be  if  living.  l£0  224 
Such  executor  or  administrator  may  voluntarily  appear  p4|'106 
and  become  a  party  to  the  suit  or  may  be  summoned  by  the  |7637^-ass'  242 
plaintiff.  iss  Masses! 


132 


MANUFACTURING  AND    OTHER  CORPORATIONS. 


ShenndSuity' 


« 

,  $  a. 

1870,  224, 
p.  s.'  ice,  §  es. 

-not  abated 


persons  liable, 

-jO/^OO1g8Q 

1870,'  224,' 
p.4s.'  106, 

suits  ma  be 
defended  by 

1867,  36,  ' 
1870,  224, 
p;  s.  ice,' 
ii  Gray,12i6. 


SECTION  66.  Such  suit  in  equity  shall  not  be  dismissed 
by  the  plaintiff  without  an  order  of  court  and  such  notice 

-  n      i 

to  other  creditors  as  the  court  may  find  reasonable  under 
the  circumstances. 

SECTION  67.  No  such  suit  in  equity  shall  be  abated  by 
reason  of  the  non-  joinder  of  persons  liable  as  defendants 
unless  the  plaintiff,  after  being  notified  by  plea  or  answer 

t/J 

of  the  existence  of  such  persons,  unreasonably  neglects  to 
make  them  parties.  10  Alien,  352.          iss  Mass.  555. 

SECTION  68.  If,  in  a  suit  against  a  corporation  which 
is  established  by  the  laws  of  this  commonwealth,  it  appears 
to  the  court  that  one  of  the  objects  of  the  suit  is  to  obtain 
a  judgment  against  the  corporation  in  order  to  enforce  an 
alleged  liability  of  a  person  who  has  been  or  is  a  stock- 
holder  or  officer  thereof,  any  such  stockholder  or  officer 
ma7  ^e  permitted,  on  petition,  to  defend  such  suit,  and  in 
such  case  the  court  may  require  of  him  or  of  a  person  in 
his  behalf,  a  bond  with  sufficient  surety  or  sureties,  con- 
ditioned to  pay  to  the  plaintiff  all  costs  which  may  accrue 
and  be  taxed  to  him  after  the  filing  of  said  petition. 


Iterative  as'so 
ciations.how 

distributed. 

1866,  290, 


,  224, 
p.5s.'  ice, 

i862Mass.373. 
189  Mass.  567. 


ho°idmo?elto 
than  one  thou- 
sand  dollars 
of  stock. 

1866,  290,  §T« 

1870,  224, 

§  52. 

P.  S.  106,  §73. 

186  Mass.  373. 


Gaslight 
et™pmay8' 

SSL 

18^5,  146, 


CO-OPERATIVE  ASSOCIATIONS. 

SECTION  69.     A  corporation  which  is  organized  for  the 
purposes  set  forth  in   section  seven  shall   distribute   its 

i  .  ,  ,  -, 

profits  or  earnings  among  its  workmen,  purchasers  and 
stockholders  at  such  times  and  in  such  manner  as  shall 
be  prescribed  by  its  by-laws,  and  as  often  at  least  as  once 
in  twelve  months  ;  but  no  distribution  shall  be  made  unless 
a^  least  ten  per  cent  of  the  net  profits  have  been  appropri- 
ated for  a  contingent  or  sinking  fund,  until  an  amount  has 
accumulated  equal  to  thirty  per  cent  of  its  capital  stock. 

SECTION  70.     No  person  shall  hold  shares  in  any  co- 
operative  association  to  an  amount  exceeding  one  thou- 

. in  1111 

sand  dollars  at  their  par  value,  nor  shall  any  stockholder 

-|  «-IT  i  i*< 

be  entitled  to  more  than  one  vote  upon  any  subject. 


GAS,   PNEUMATIC,   ETC.,   COMPANIES. 

SECTION  76.  Gas  light  companies,  corporations  organ- 
ized  for  the  purpose  of  transporting  the  United  States 
mail,  merchandise  and  other  articles  by  means  of  pneu- 
matic  pressure  or  power,  corporations  engaged  in  or  organ- 


MANUFACTURING  AND    OTHER  CORPORATIONS.  133 

ized  for  the  purpose  of  manufacturing,  buying,  selling,  G.  s.  6i,  §  ie. 


1870    224 

distributing  or  dealing  in  artificial  cold  and  refrigerating  §56/353,' 
and  cooling  materials  and  corporations  organized  for  any  Is2-™,  202, 
of  the  purposes  mentioned  in  section  nine  may,  with  the  p.Vaio6?" 
consent  in  writing  of  the  mayor  and  aldermen  of  a  city  or  |8785gt  240> 
the  selectmen  of  a  town,  dig  up  and  open  the  ground  in         ' 
any  of  the  streets,  lanes  and  highways  thereof,  so  far  as  5 1.    4gg 
is  necessary  to  accomplish  the  objects  of  the  corporation ;  12  Alien,  75. 
but  such  consent  shall  not  affect  the  right  or  remedy  to  re-  see  as  to  con- ' 
cover  damages  for  an  injury  caused  to  persons  or  property 
by  the  acts  of  such  corporations.     They  shall  put  all  such 
streets,  lanes  and  highways  into  as  good  repair  as  they  1909>103' 
were  in  when  opened ;  and  upon  failure  so  to  do  within  a 
reasonable  time,  shall  be  guilty  of  a  nuisance. 

Revised  Laws,  Chapter  47,  §  21. 

SECTION  21.    No  state  highway  shall  be  dug  up  for  laying  or  Laying  pipes, 
placing  pipes,  sewers,  poles,  wires  or  railways  or  for  other  pur-  trees,  etc., 
poses,  and  no  tree  shall  be  planted  or  removed  or  obstruction   isUs.VTe, 
placed  thereon,  without  the  written  permit  of  the  highway  com-   [iop.  A.  G. 
mission,  and  then  only  in  accordance  with  the  regulations  of  said  317^ 
commission ;  and  the  work  shall  be  done  under  the  supervision  and 
to  the  satisfaction  of  said  commission,  and  the  entire  expense  of 
replacing  the  highway  in  as  good  condition  as  before  shall  be  paid 
by  the  persons  to  whom  the  permit  was  given  or  by  whom  the 
work  was  done ;  but  a  city  or  town  may  dig  up  such  state  highway 
without  such  approval  of  the  highway  commission  in  case  of  imme- 
diate necessity;  but  in  such  cases  it  shall  be  forthwith  replaced  in 
as  good  condition  as  before  at  the  expense  of  the  city  or  town. 
Said  commission  shall  give  suitable  names  to  the  state  highways,  ^vSi  to^tate 
and  may  change  the  name  of  any  way  which  becomes  a  part  o£  a  highways ; 
state  highway.    They  shall  erect  suitable  guide  posts  at  convenient  be  erected, 
points  along  state  highways. 

SECTION  77.    If  a  person  who  is  injured  in  his  person  Gaslight 

,/..  1  •    i  i  •    i     •  11         companies, 

or  property  by  a  defect  in  a  highway  which  is  caused  by  etc.,  liable  to 

,     r  ,•:       J       ,.  i  .-i      -,    >       repay  dam- 

the  operations  of  a  company  or  corporation  described  in  ages,  etc. 
the  preceding  section  in  laying  down  or  repairing  its  pipes  p86s°'io6,' 
or  otherwise  obstructing  such  way  recovers  damages  there-  [^  544) 
for  of  the  city  or  town  wherein  such  injury  is  received, 
such  city  or  town  shall,  if  such  company  or  corporation  is 
liable  for  said  damages  and  has  reasonable  notice  to  ap- 
pear  and  defend  the  original  action,  be  entitled  to  recover 


134 


MANUFACTURING  AND    OTHER  CORPORATIONS. 


Gas  light 
companies,  etc. 
to  be  regu- 
lated by  select- 
men, etc. 
1855,  146,  §  3. 
G.  S.  61,  §  17. 
1870,  224. 
§  57. 

P.  S.  106,  §  77. 
See  as  to  con- 
duits, etc., 
for  steam  and 
hot  water. 
1909,  103. 
Other  com- 
panies may 
hold  gas  stock. 
1855,  146, 
§  4. 

G.  S.  61,  §  18. 
1870,  224, 
§58. 

Gas  for  heat- 
ing, etc.,  pur- 
poses. 
1885,  240. 


Interest  upon 
guaranty 
funds. 
1901,  470. 


of  such  company  or  corporation  the  damages  so  recovered 
from  it  with  the  taxable  costs  of  both  parties  in  such  ac- 
tion. 

SECTION  78.  The  mayor  and  aldermen  of  a  city  or  the 
selectmen  of  a  town  in  which  pipes  or  conductors  of  such 
company  or  corporation  are  sunk  may  regulate,  restrict 
and  control  all  acts  and  doings  of  such  company  or  cor- 
poration which  may  in  any  manner  affect  the  health, 
safety,  convenience  or  property  of  the  inhabitants  of  such 
city  or  town. 

SECTION  79.  A  manufacturing  or  other  corporation 
which  has  its  place  of  business  in  a  city  or  town  in  which 
a  gas  light  corporation  proposes  to  manufacture  gas  for 
light  may  hold  not  more  than  ten  per  cent  of  the  capital 
stock  of  such  gas  corporation.  P.  s.  ioe,  §  78.  R.  L.  126,  §  11. 

SECTION  80.  Corporations  which  are  organized  under 
the  provisions  of  section  nine  for  the  purpose  of  making, 
selling  and  distributing  gas  for  heating,  cooking,  chemical 
and  mechanical  purposes  shall  have  all  the  powers  and 
privileges  and  be  subject  to  all  the  duties,  restrictions  and 
liabilities  of  gas  light  companies  under  the  general  laws. 
Gas  used  for  such  purposes,  except  illuminating  gas  as  de- 
fined by  section  fourteen  of  chapter  fifty-eight,  shall  not 
be  used  for  domestic  purposes  unless  connected  with  a 
chimney  or  flue  having  direct  connection  with  the  open 
air.  Whoever  violates  the  provisions  of  this  section  shall 
be  punished  by  a  fine  of  not  more  than  twenty  dollars  for 
each  offence. 

SECTION  81.  If  a  corporation  which  has  a  franchise 
in  and  the  use  of  the  public  streets  of  a  city  or  town  for 
the  supply  and  distribution  of  gas,  water,  electric  light  or 
power,  or  for  the  maintenance  of  communication  by  wire 
or  otherwise,  holds  for  a  longer  period  than  six  months 
money  which  is  collected  in  advance  from  its  customers 
to  guarantee  it  against  loss  of  charges  or  tolls,  it  shall  pay 
annually  upon  said  guaranty  fund  interest  at  the  rate  of 
four  per  cent  per  annum  to  the  depositor  thereof,  which 
shall  be  applied  to  the  payment  of  charges  and  tolls  by 
said  depositors.  The  annual  return  required  of  such  cor- 
poration by  section  fifty-one  shall  include  a  true  statement 
of  all  moneys,  and  of  the  value  of  any  collateral,  so  held 
as  a  guaranty  for  the  payment  of  charges  or  tolls,  specify- 
ing the  amount  so  deposited  by  the  inhabitants  of  each 


MANUFACTURING  AND    OTHER  CORPORATIONS.  135 

city  or  town.  If  such  corporation  fails  or  neglects  to  make 
such  return  or  fails,  neglects  or  refuses  to  pay  such  in- 
terest it  shall  be  punished  by  a  fine  of  not  less  than  one 
hundred  nor  more  than  five  hundred  dollars  for  each 
offence. 

CONFIRMATION    OF    ORGANIZATION    OR   PROCEEDINGS. 

SECTION  82.     If  doubts  arise  as  to  the  legality  of  the  Confirmation 

f  ,  •  i  •    i  •     ,         -i     -i     ,       1        of  orgamza- 

or«;anization  01  a  corporation  wnicn  was  intended  to   be  tion. 

£  Jxl,  •'  £        -L  •_*  £    xU         1855«  478' 

formed  under  the  provisions  of  chapter  sixty-one  of  the  §  3. 
General  Statutes  or  of  any  general  or  special  statute  con-  isee,  290, 


ferring  similar  rights  upon  corporations  organized  under  |8470>  224, 
its  provisions,  its  stockholders,  at  a  special  meeting  called  }867^t  349i 
for  the  purpose  in  the  manner  provided  in  section  seven- 
teen  or  by  a  justice  of  the  peace  upon  the  written  request  §  79- 
therefor  of  a  majority  of  the  acting  directors,  may  by  vote 
confirm  such  organization  and  all  proceedings  under  it, 
and  by  so  doing  and  depositing  and  filing  a  copy  of  such 
vote  in  the  office  of  the  secretary  of  the  commonwealth, 
such  corporation   and   its   subsequent   acts   shall  be  held 
legal  and  valid,  as  if  the  original  organization  had  been 
legal. 

SECTION  83.  If  doubts  arise  as  to  the  legality  of  the 
organization  of  any  corporation  created  by  special  charter 
for  a  purpose  mentioned  in  this  chapter,  which  is  in  the  §  2.  ' 
exercise  of  its  franchise,  or  as  to  the  regularity  or  suffi-  §so'. 
ciency  of  the  proceedings  of  any  such  corporation,  whether 
created  by  special  charter  or  formed  under  general  laws, 
in  consequence  of  failure  subsequent  to  the  organization 
to  comply  with  the  directions  or  requirements  of  any  stat- 
ute, the  stockholders,  at  a  special  meeting  called  for  the 
purpose  in  the  manner  provided  in  the  preceding  section, 
may  by  vote  confirm  such  defective  proceedings  and  all  sub- 
sequent proceedings  of  the  corporation  dependent  thereon. 
The  clerk  shall  thereupon  make  a  certificate  under  oath 
setting  forth  the  particular  matters  especially  causing  the 
doubt,  and  a  copy  of  the  call  of  the  meeting  and  of  the 
vote  of  the  stockholders,  and  the  date  of  holding  the  meet- 
ing, which  he  shall  present  to  the  commissioner  of  corpo- 
rations, who  shall  examine  the  same,  and,  if  he  finds  that 
the  provisions  of  this  section  have  been  complied  with, 
shall  so  certify  by  indorsement  thereon.  Upon  filing  the 
certificate  so  indorsed  in  the  office  of  the  secretary  of  the 


136 


MANUFACTURING  AND    OTHER  CORPORATIONS. 


Warrants  of 
distress 
against  cor- 
porations for 
damages. 
1810,  131, 
§4. 

R.  S.  44,  §  20. 
1847,  259, 
§5. 

G.  S.  68,  §  24. 
P.  S.  105, 
§  29. 

Attachment 
of  franchise 
on  mesne 
process. 
1810,  131,  §  3. 
R.  S.  44,  §  11. 

Sale  of,  on 
execution,  etc. 
1810,  131,  §  1. 
1824,  121,  §  1. 
R.  S.  44,  §  12. 
G.  S.  68,  §  26. 
P.  S.  105,  §  31, 
5  Gush.  509. 
170  Mass.  203. 
Mode  of  sale. 
1810,  131, 
§  1. 

1824,  121, 
§  1. 

R.  S.  44,  §  13. 
G.  S.  68,  §  27. 
P.  S.  105, 
§  32. 


Adjournment. 
1810,  131,  §  5. 
R.  S.  44,  §  14. 
G.  S.  68,  §  28. 
P.  S.  105,  §  33 

Highest  bid- 
der, how 
determined. 
1810,  131, 
§  2. 

R.  S.  44,  §  15. 
G.  S.  68,  §  29. 
P.  S.  105, 
§34. 


commonwealth,  such  proceedings  shall  be  taken  to  be  legal 
and  valid  as  fully  as  if  the  requirements  of  the  statutes 
had  been  complied  with. 

Revised  Laws,  Chapter  109,  §§  41  to  57,  inclusive. 
ATTACHMENT  AND   SALE  OF  FRANCHISE. 

SECTION  41.  If,  by  an  order  of  county  commissioners  or  by  the 
verdict  of  a  jury,  damages  have  been  assessed  for  an  injury  to 
property  by  the  doings  of  any  corporation  which  is  authorized  to 
receive  toll,  except  a  railroad  corporation,  and  the  damages  re- 
main unpaid  for  thirty  days  after  the  order  or  verdict,  the  owner 
thereof  may  have  a  warrant  of  distress  against  the  corporation 
for  such  damages,  with  interest  thereon  and  costs. 

SECTION  42.  The  franchise  of  a  corporation  which  is  author- 
ized to  receive  toll,  and  all  the  rights  and  privileges  thereof,  shall 
be  liable  to  attachment  on  mesne  process.  G.  S.  68,  §  25. 

P.  S.  105,  §30.  5  Gush.  509.  11  Allen  71.  171  Mass.  61. 

SECTION  43.  If  a  judgment  is  recovered  against  a  corporation 
which  is  authorized  to  receive  toll,  its  franchise  and  all  the  rights 
and  privileges  thereof,  so  far  as  relate  to  the  receiving  of  toll,  and 
all  other  corporate  property,  real  and  personal,  may  be  taken  on 
execution  or  warrant  of  distress  and  sold  by  public  auction. 

SECTION  44.  The  officer  who  has  such  execution  or  warrant  of 
distress  shall,  thirty  days  at  least  before  the  sale  of  any  franchise 
or  other  corporate  personal  property,  give  notice  of  the  time  and 
place  of  sale  by  posting  a  notice  thereof  in  the  city  or  town  in 
which  the  corporation  is  established  or  has  its  principal  place  of 
business,  and  by  causing  an  advertisement  of  the  sale,  stating  the 
name  of  the  creditor,  the  amount  of  the  execution  or  warrant  of 
distress,  and  the  time  and  place  of  sale,  to  be  inserted  three  weeks 
successively  in  a  newspaper,  if  any,  published  in  said  city  or 
town;  otherwise  in  a  newspaper  published  in  the  county  in  which 
such  city  or  town  is  situated;  the  last  publication  to  be  at  least 
four  days  before  the  sale. 

SECTION  45.  The  officer  who  levies  such  execution  or  warrant 
of  distress  may  adjourn  the  sale  for  not  more  than  seven  days,  and 
so  from  time  to  time  until  the  sale  is  completed. 

SECTION  46.  In  the  sale  of  such  franchise,  the  person  who  satis- 
fies the  execution  or  warrant  of  distress  with  all  legal  fees  and 
expenses  thereon  and  who  agrees  to  take  such  franchise  for  the 
shortest  period  of  time  and  to  receive  during  that  time  all  such 
toll  as  the  corporation  would  by  law  be  entitled  to  demand  shall 
be  considered  the  highest  bidder. 


MANUFACTURING  AND   OTHER  CORPORATIONS.  137 

SECTION  47.     The  officer's  return  on  the  execution  or  warrant  Officer's  re- 
of  distress  shall  transfer  to  the  purchaser  all  the  privileges  and  fer "he  right8 


immunities  of  the  corporation,  so  far  as  relate  to  the  right  of 
demanding  toll ;  and  the  officer  shall,  immediately  after  the  sale,   fj2g  44  §  16 
deliver  to  the  purchaser  an  attested  copy  of 'the  execution  or  war-   <J. 1-  68'  §  30- 
rant  and  the  return  thereon,  which  shall  entitle  said  purchaser  or   §  35. 
his  assigns  to  demand  and  receive  to  his  own  use  all  the  toll  which 
accrues  within  the  time  limited  by  the  term  of  his  purchase,  in  the 
same  manner  and  under  the  same  regulations  as  the  corporation 
was  before  authorized  to  demand  and  receive  the  same. 

SECTION  48.     A  purchaser  of  the  franchise  of  a  corporation  Remedy  of 
under  a  sale  upon  execution  or  warrant  of  distress,  or  his  assigns,  damages' f( 
may  recover  in  an  action  of  tort  any  penalties  imposed  by  law  for  jj82^'^16^  17 
an  injury  to  the  franchise  or  for  other  cause  which  such  corpora-  §•  f-  $%>  §  31. 

Jr.  o.  lUo, 

tion  would  have  been  entitled  to  recover  during  the  time  limited   §  36. 
in  the  purchase  of  the  franchise ;  and  during  that  time,  the  corpo- 
ration shall  not  be  entitled  to  prosecute  for  such  penalties. 

SECTION  49.    The  corporation  whose  franchise  has  been  so  sold  Liabilities  to 
shall  in  all  other  respects  retain  its  powers,  be  bound  to  the  per-   mo,  13 1.  §  2. 
formance  of  its  duties  and  be  liable  to  the  same  penalties  and   G.'  s.  68,'  §  32! 
forfeitures  as  before  the  sale.  ^'3®' 105' 

SECTION  50.     The  corporation  may,  at  any  time  within  three  Redemptu 
months  after  the  time  of  sale,  redeem  the  franchise  by  paying  or 


tendering  to  the  purchaser  or  his  assigns  the  amount  which  he  fj2g  44  §  19 

paid,  with  twelve  per  cent  interest  thereon,  but  without  any  allow-  **•  |-  J^S  33- 

ance  for  the  toll  which  he  has  received;  and  upon  such  payment  or  §  38. 
tender,  the  franchise  and  all  the  rights  and  privileges  thereof  shall 
revert  and  belong  to  the  corporation  as  if  no  such  sale  had  been 
made. 

SECTION  51.    All  proceedings  under  the  provisions  of  the  ten  Vemie  of  pro- 
preceding  sections  shall  be  in  the  county  in  which  the  creditor  igio,  Si,  §  6. 
resides  or  the  corporation  is  established  or  has  its  principal  place  §'  |- 1|'  |  \\' 
of  business.  |-3|  1Q5. 

DISSOLUTION   OF   CORPORATIONS. 

SECTION  52.    If  a  majority  in  number  or  interest  of  the  mem-  Dissolution  of 

bers  of  a  corporation  desire  to  close  its  affairs,  they  may  file  a  i°852^55^ 

petition  therefor  in  the  supreme  judicial  court  or  the  superior  ft.  J'  ^  §  35. 

court,  setting  forth  in  substance  the  grounds  of  their  application,  J4|; 105' 

and  the  court,  after  notice  to  parties  interested  and  a  hearing,  g^**7' 119> 

may  decree  a  dissolution  of  the  corporation.     A  corporation  so  9  Gray,  34 

dissolved  shall  be  held  to  be  extinct  in  all  respects  as  if  its  cor-  99  Mass.'  267.' 

.,.,..  ,.     .,    7.  119  Mass.  447. 

porate  existence  had  expired  by  its  own  limitation. 


138 


MANUFACTURING  AND  OTHER  CORPORATIONS. 


7. 
36. 


Continuation 
for  three  years 
to  close  con- 
cerns. 
1819,  43. 
R.  S.  44,  i 
G.  S.  68,  i 
P.  S.  105, 
§  41. 

22  Pick.  180. 

23  Pick.  345. 
16  Mass.  245. 
123  Mass.  32. 
161  Mass.  443. 
185  Mass.  505. 


Receivers. 
1833,  145. 
R.  S.  44, 
§§  8,  9. 
1852,  55,  §  2. 
G.  S.  68, 
§§  37,  38. 
P.  S.  105, 
§§  42,43. 
1884,  203. 
157  Mass.  81. 
Amended. 
1905,  156. 


Receivers 
to  pay  debts 
and  distribute 
surplus. 
1833,  145. 
R.  S.  44,  §  10. 
1852,  55,  §  2. 
G.  S.  68,  §  39. 
P.  S.  105, 
§44. 
1  Gray,  382. 


Surrender  of 
certificate  of 
incorpora- 
tion. 
1898,  502. 


SECTION  53.  Every  corporation  whose  charter  expires  by  its 
own  limitation  or  is  annulled  by  forfeiture  or  otherwise,  or  whose 
corporate  existence  for  other  purposes  is  terminated  in  any  other 
manner,  shall  nevertheless  be  continued  as  a  body  corporate  for 
three  years  after  the  -time  when  it  would  have  been  so  dissolved, 
for  the  purpose  of  prosecuting  and  defending  suits  by  or  against 
it  and  of  enabling  it  gradually  to  settle  and  close  its  affairs,  to 
dispose  of  and  convey  its  property  and  to  divide  its  capital  stock, 
but  not  for  the  purpose  of  continuing  the  business  for  which  it 
was  established. 

SECTION  54.  If  the  charter  of  a  corporation  expires  or  is  an- 
nulled, or  if  the  corporation  is  dissolved  as  provided  in  section 
fifty-two,  or  if  its  corporate  existence  for  other  purposes  is  ter- 
minated in  any  other  manner,  the  supreme  judicial  court  or  the 
superior  court,  upon  application  of  a  creditor,  stockholder  or 
member,  shall  have  jurisdiction  in  equity  to  appoint  one  or  more 
receivers  to  take  charge  of  its  estate  and  effects  and  to  collect  the 
debts  and  property  due  and  belonging  to  it ;  with  power  to  prose- 
cute and  defend  suits  in  its  name  or  otherwise,  to  appoint  agents 
under  them  and  to  do  all  other  acts  which  might  be  done  by  such 
corporation,  if  in  being,  which  may  be  necessary  for  the  final 
settlement  of  its  unfinished  business.  The  powers  of  such  re- 
ceivers and  the  existence  of  the  corporation  may  be  continued  as 
long  as  the  court  finds  necessary  for  said  purposes. 

SECTION  55.  The  receivers  shall  pay  all  debts  due  from  the  cor- 
poration if  the  funds  in  their  hands  are  sufficient  therefor;  and  if 
they  are  not  they  shall  distribute  them  ratably  among  the  credi- 
tors who  prove  their  debts  in  the  manner  directed  by  any  decree 
of  the  court  for  that  purpose.  If  there  is  a  balance  remaining 
after  the  payment  of  the  debts,  the  receivers  shall  distribute  and 
pay  it  to  those  who  are  justly  entitled  thereto  as  having  been 
stockholders  or  members  of  the  corporation,  or  their  legal  repre- 
sentatives. 

SECTION  56.  If  a  petition,  signed  and  sworn  to  by  a  majority 
in  number  or  interest  of  the  members  of  a  corporation  organized 
under  the  general  laws,  except  a  corporation  created  for  the  pur- 
pose of  business  or  profit  having  a  capital  stock  divided  into 
shares  or  which  is  under  the  supervision  of  the  insurance  com- 
missioner, has,  with  the  certificate  of  incorporation,  been  filed  in 
the  office  of  the  secretary  of  the  commonwealth  stating  that  such 
members  desire  to  surrender  the  certificate  of  incorporation  and  to 
have  the  corporation  dissolved  and  giving  their  reasons  therefor, 
the  secretary,  if  he  considers  such  reasons  sufficient,  shall  require 
the  petitioners  to  publish  a  notice  in  one  or  more  newspapers  in 


MANUFACTURING  AND  OTHER  CORPORATIONS.  139 

the  county  in  which  the  corporation  is  located  that,  for  reasons 
which  appear  to  him  to  be  sufficient,  the  certificate  of  incorpora- 
tion of  the  corporation  therein  named  is  annulled.  Upon  the 
filing  by  the  petitioner  with  the  secretary  of  a  copy  of  each  news- 
paper in  which  the  notice  of  dissolution  was  ordered  to  be  pub- 
lished, the  corporation  shall  be  dissolved,  subject  to  the  provisions 
of  the  three  preceding  sections. 

SECTION  57.     If  a  corporation  is  dissolved,  the  clerk  of  the  Returns  to 
court  in  which  the  decree  for  dissolution  is  entered  shall  forthwith  dissolution? 
make  return  thereof  to  the  secretary  of  the  commonwealth,  giving  p8  g0'^' 
the  name  of  the  corporation  dissolved  and  the  date  upon  which   §  45- 
such  decree  was  entered. 

PENALTIES    FOR   OMISSIONS    TO    FILE    CERTIFICATES,    ETC. 

SECTION  84.    A  corporation  which,  being  subject  to  the  Penalties  for 
provisions  of  this  chapter,  omits  to  cause  to  be  filed  any  fiSVertfncates. 
certificate  or  copy  which  is  required  by  sections  fifty-one,  Jsee',  290! 
fifty-four  and  fifty-five  shall  forfeit  two  hundred  dollars,  |89rf0>  224, 
to  be  recovered  by  action  of  tort  brought  in  the  name  of  the  |867°7>  57 
commonwealth  in  the  county  of  Suffolk  or  in  the  county  Fjl^gj' 
in  which  the  corporation  is  established  ;  and  its  president,  1887/225. 
treasurer  and  directors,  for  the  time  being,  shall  in  addition 
be  jointly  liable  in  a  like  amount  for  such  omission;  and 
all  forfeitures  by  a  corporation  under  the  provisions  of  this 
chapter  may  also  be  collected  by  information  in  equity, 
which  may  be  brought  in  the  county  of  Suffolk  and  shall 
be  brought  in  the  supreme  judicial  court  in  the  name  of  the 
attorney  general,  at  the  relation  of  the  commissioner  of  cor- 
porations ;  and  upon  such  information  the  court  may  issue 
an  injunction  restraining  the  further  prosecution  of  the 
business  of  the  corporation  named  therein  until  such  for- 
feitures, with  interest  and  costs,  are  paid  and  until  the 
returns  required  by  this  chapter  are  filed. 

SECTION  85.     If  an  officer  unreasonably  refuses  to  give  Penalty  for 
the  certified  list  mentioned  in  section  sixty-one  or  wilfully  JJvScertmed 
gives  a  false  list,  he  shall  be  liable  to  the  judgment  creditor  Jl^  219,  §  2. 


for  double  the  amount  of  all  damages  occasioned  by  such  |8670°'  224> 

refusal  or  false  list.  *-8f  •'  106' 

FEES. 

SECTION  86.     The  fees  for  filing  and  recording  the  cer-  Fees  for  filing, 

,  •  n  i  •   i  i  i        ,  i  •  i  ±1  i  •  i  etc.,  certifi- 

tificates  wrhich  are  required  by  this  and  the  preceding  chap-  cates. 

ter  to  be  filed  with  the  secretary  of  the  commonwealth  shall  lis?,  225. 

be  as  follows:—  1896'  369' 


140 


MANUFACTURING  AND   OTHER  CORPORATIONS. 


Fees  for  filing, 
etc.,  certifi- 
cates of  organ- 
ization. 

1863,  231,  §  2. 
1865,  76. 

1870,  224, 
§  59. 

1871,  356. 
Amended. 
190S,  219; 
382. 

—  of  increase 
of  capital. 
1863,  231, 
§2. 

1865,  76. 
1871,  356. 
1896,  523, 
§2. 

Amended. 
1908,382. 


—  of  change 
of  business. 
1875,  177, 
§4. 

1879,  202,  §  2. 

—  of  con- 
dition. 
1870,  224, 
§  59. 

—  of  change 
of  name. 
1896,  523,  §  1. 

—  other  cer- 
tificates. 
1870,  224, 
§59. 
Copies. 
1870,  224, 

§  59. 

Stricken  out. 
190S,  382. 


For  filing  and  recording  the  certificates  required  by  sec- 
tions twenty  and  twenty-one,  including  the  issuing  of  the 
certificate  of  organization  by  the  secretary,  one-twentieth 
of  one  per  cent  of  the  amount  of  the  capital  stock  as  fixed 
by  the  agreement  of  association ;  but  not  less  in  any  case 
than  five  [nor  more  than  two  hundred]  dollars. 

For  filing  and  recording  the  certificate  required  by  sec- 
tion fifty-four,  one-twentieth  of  one  per  cent  of  the  amount 
by  which  the  capital  is  increased ;  [but  the  amount  so  to  be 
paid  shall  not,  if  added  to  the  amount  previously  paid  for 
filing  and  recording  certificates  under  the  provisions  of 
sections  twenty,  twenty-one  and  fifty-four,  exceed  two  hun- 
dred dollars ;  and  a  corporation  which  has  so  paid  two 
hundred  dollars  shall  pay  a  fee  of  one  dollar  for  each  cer- 
tificate thereafter  filed  and  recorded  under  the  provisions 
of  section  fifty-four.] 

[For  filing  and  recording  the  certificates  required  by  sec- 
tions forty-seven  and  forty-eight,  one  dollar  for  each  cer- 
tificate.] 1895,169.  Stricken  out.  1908,382. 

[For  filing  and  recording  the  certificate  required  by  sec- 
tion fifty-one,  five  dollars.]  stricken  out.  1908,332. 

[For  filing  and  recording  the  certificate  required  by  sec- 
tion ten  of  chapter  one  hundred  and  nine,  one  dollar.] 

Stricken  out.     1908,  382. 

[For  filing  and  recording  any  other  certificate  required 

by  law,  One  dollar.]  1896,  523,  §  I.        Stricken  out.      1908,  382. 

[For  official  copies  of  any  of  the  records  mentioned  in 
this  chapter,  the  rates  now  fixed  by  chapter  two  hundred 
and  four  for  copies  of  similar  records  furnished  by  the 
secretary  of  the  commonwealth.] 


TRANSMISSION  OF  ELECTRICITY.  141 


CHAPTER  122. 

OF  COMPANIES  FOR  THE  TRANSMISSION  OF  ELEC- 
TRICITY. 

(Omitting  sections  relating  to  telegraph  and  telephone  companies  only.) 
SECTIONS      1,2.  —  Construction  of  lines  upon  Highways. 
SECTIONS      3-5.  —  Damages  of  Land  Owners. 
SECTIONS      6-8.  —  Capital  and  Debts.     (Omitted.) 
SECTIONS    9-11.  —  Telegraph  Companies.     (Omitted.) 
SECTIONS  12-14. — Telephone  Companies.     (Omitted.) 
SECTION  15.  —  Damages.     (Omitted.) 

SECTIONS  16,  17.  —  Protection  and  Marking  of  Wires. 
SECTIONS  18,  19.  —  Officers  to  Supervise  Wires. 
SECTIONS  20,  21.  —  Poles  to  be  Insulated. 
SECTIONS  22,  23.  —  Wires,  etc.,  not  to  be  affixed  without   Permission. 

To  be  marked. 
SECTIONS  24-30.  —  General  Provisions. 

CONSTRUCTION  OF  LINES  UPON  HIGHWAYS. 

SECTION  1.     A  company  which  is  incorporated  for  the  Construction 

transmission  of  intelligence  by  electricity,  or  by  telephone,  1849, 98,  §  2. 

whether  by  electricity  or  otherwise,  or  for  the  transmission  P'.  s.  109; 

of  electricity  for  lighting,  heating  or  power,  except  lines  f828'3)  221. 
for  heat  or  power  by  a  street  railway  company,  may,  under 
the  provisions  of  the  following  sections,  construct  lines  for 

such  transmission  upon  and  along  the  public  ways  and  J|ij-Magg  200 

across  any  waters  within  the  commonwealth,  by  the  erection  182  Mass!  400! 

of  the  poles,  piers,  abutments  and  other  fixtures,  except  iss  Mass'.  253'. 

bridges,  which  may  be  necessary  to  sustain  the  wires  of  ' 
its  lines ;  but  shall  not  incommode  the  public  use  of  public 
ways  nor  endanger  or  interrupt  navigation. 

[SECTION  2.     The  mayor  and  aldermen  of  a  city  or  the  Location;  etc., 

selectmen  of  a  town  through  which  the  lines  of  a  company  Sdennen,aetc. 

are  to  pass  shall  give  the  company  a  writing  specifying  G8s9'643'§§33' 

where  the  poles  may  be  located,  the  kind  of  poles  and  the  *'3S- 109> 

height  at  which,  and  the  places  where,  the  wires  may  run.  Ifwl^fh 

After  the  erection  of  the  lines,  having  first  given  the  com-  iss  Mass.  75 

.  0  "  _         _  *"-~          _         _  _  m  loo   .M  .'iss.  *Ju(J. 

pany  or  its  agents  opportunity  to  be  heard,  they  may  direct  182MWM.400. 
any  alteration  in  the  location  or  erection  of  the  poles,  piers  100^237. 
or  abutments  and  in  the  height  of  the  wires.     Such  specifi- 
cations and  decisions  shall  be  recorded  in  the  records  of 
the  city  or  town.] 

Section  2.  The  mayor  and  aldermen  of  a.  city  or  the 
selectmen  of  a  town  through  which  the  lines  of  a  company 
are  to  pass  shall  give  the  company  a  writing  specifying 


142  TRANSMISSION   OF  ELECTRICITY. 


where  the  poles  may  lie  located,  the  kind  of  poles,  the 
1906,  117.        height  at  which,  and  the  places  ivhere,  the  wires  may  run. 

202  Mass.  403.      ,     y  ,,,--,  -,      •    • 

Any  company,  except  street  railway  companies,  desiring 
permission  to  erect  poles,  piers,  abutments  or  other  fixtures 
upon  or  along  any  public  way  shall,  in  writing,  petition 
the  said  mayor  and  aldermen  or  selectmen  therefor.  A 
public  hearing  shall  be  held  on  such  petition,,  and  written 
notices  of  the  time  and  place  at  wJiicli  such  hearing  will  be 
held  shall  be  mailed  at  least  three  days  before  said  hearing, 
by  the  clerk  of  the  city  or  the  selectmen  of  the  town  in 
ivhich  the  petition  for  locations  has  been  made,  to  the 
owners  of  real  estate  along  the  ways  or  parts  of  ways  upon 
which  it  is  proposed  to  construct  said  line,  as  determined 
by  the  last  preceding  assessment  for  taxation.  The  clerk 
of  the  city  or  the  selectmen  of  the  town  shall  endorse  upon 
the  order  or  specification  of  locations  granted,  his  or  their 
certificate  that  notices  were  sent  and  a  hearing  held  as 
herein  provided,  and  no  such  order  or  specification  shall  be 
valid  without  such  certificate.  After  the  erection  of  the 
lines  the  mayor  and  aldermen  or  selectmen  may,  after 
giving  the  company  or  its  agents  an  opportunity  to  be 
heard,  or  upon  petition  of  the  company  without  hearing  or 
notice,  direct  any  alteration  in  the  location  or  erection  of 
the  poles,  piers  or  abutments,  and  in  the  height  of  the 
wires;  and  no  permit  shall  be  required  for  renewing,  re- 
pairing or  replacing  poles,  piers,  abutments  or  other  fix- 
tures once  erected  under  the  provisions  of  law.  Such  cer- 
tificates, specifications  and  decisions  shall  be  recorded  in 
the  records  of  the  city  or  town. 

Revised  Laws,  Chapter  25,  §§  52,  53,  54,  55,  83. 

Selectmen  SECTION  52.     The  selectmen  may,  upon  terms  and  conditions 

private  lines?6    prescribed  by  them,  and  subject  to  the  provisions  of  chapter  one 

18^69,457,         hundred  and  twenty-two,  so  far  as  applicable,  authorize  a  person 

1883  222i§  45<    to  construct  lines  for  private  use  .upon,  along  and  under  the  pub- 

1895*  350'         ^c  wavs  °f  the  town  for  the  transmission,  by  electricity,  of  light, 

182  Mass.  400.   or  of  heat  or  power,  except  such  as  is  used  by  street  railway 

companies  or  for  the  transmission,  by  electricity  or  otherwise,  of 

intelligence  by  telegraph  or  telephone.    Upon  the  construction  of 

such  line,  the  poles  and  structures  thereof  within  the  location 

of  such  ways  shall  become  the  property  of  the  town,  and  the  se- 

lectmen may  regulate  and  control  the  same,  may  at  any  time  re- 


TRANSMISSION  OF  ELECTRICITY.  143 

quire  the  persons  using  the  same  to  make  alterations  in  the 
location  or  construction  thereof  and  may,  after  notice  and  a  hear- 
ing1, order  the  removal  thereof.  The  town  may  at  any  time  attach 
wires  for  its  own  use  to  such  poles  and  structures,  and  the  select- 
men may  permit  other  persons  to  attach  wires  for  their  private 
use  thereto  or  to  poles  and  structures  constructed  by  the  town, 
and  may  prescribe  reasonable  terms  and  conditions  therefor. 

SECTION  53.    Whoever  unlawfully  injures  or  destroys  any  wire,  Penalty  for 
pole,  structure  or  fixture  of  any  such  line  shall  be  punished  by  a  same.y 
fine  of  not  more  than  five  hundred  dollars  or  by  imprisonment   §8369'  4    ' 
for  not  more  than  two  years,  or  by  both  such  fine  and  imprison-   p>  S-  27>  §  46' 
ment. 

SECTION  54.    The  selectmen  may,  within  their  respective  towns,  Towns  may 

regulate  tele- 

permit  telegraph  and  telephone  lines  to  be  laid  under  any  way  or  graph,  etc., 
square,  and  may  establish  reasonable  regulations  for  the  erection  1880/83,  §  i. 
and  maintenance  of  all  lines  for  the  transmission  of  intelligence  1888,221. 
by  telegraph  or  telephone,  by  electricity  or  otherwise,  or  for  the 
transmission  by  electricity  of  light,  or  of  heat  or  power  except 
such  as  is  used  by  street  railway  companies,  by  every  person 
having  authority  to  place  poles,  wires,  structures  and  other  ap- 
pliances for  any  purpose  in  or  under  public  ways  or  places,  in- 
cluding all  lines  owned  or  used  by  said  towns. 

SECTION  55.     The  town  shall  forthwith  in  writing  give  notice  Proceedings, 

00  if  regulations 

in  detail  to  the  owner,  constructor  or  person  using  any  line  therein  are  violated. 
which  is  constructed  or  maintained  in  violation  of  such  regula-   p.  s/27,'§  48. 

1  8Q1    293 

tions;  and  if  thereafter  such  unlawful  construction  is  continued 
or  if  said  lines  are  not  within  a  reasonable  time  so  altered  as  to 
conform  to  said  regulations,  the  supreme  judicial  court  or  the  su- 
perior court  shall  have  jurisdiction  in  equity  to  enjoin  the  further 
progress  of  said  work,  or  to  order  such  line  to  be  removed  or 
altered  at  the  expense  of  the  owners,  constructors  or  persons  using 
the  same.  If  such  line  belongs  to  or  is  used  by  a  town,  like  action 
may  be  taken  upon  complaint  of  a  person  injured,  after  such 
notice  to  the  town  as  the  court  may  order. 

SECTION  83.    If  road  commissioners  are  chosen  in  a  town,  they  R?ad  com' 

missioners, 

shall  exclusivelv  have  the  powers,  perform  the  duties  and  be  sub-  powers, 

~  duties,  etc. 

ject  to  the  liabilities  and  penalties  of  selectmen  and  surveyors  of  1871,  158,  §  2. 
highways  relative  to  streets,  ways,  bridges,  monuments  at  the   p.  s/27,'8  75. 

1 


. 

termini  and  angles  of  streets,  guide  posts,  sidewalks  and  shade   §  23.' 

trees,   and,  if  sewer   commissioners  are  not  chosen,  relative  to   1^5  Mass.  561, 

Sewers  and  drains.         164  Mass.  263.         174  Mass.  451.         182  Mass.  199.          146  Mass.  43. 


144 


TRANSMISSION  OF  ELECTRICITY. 


Regulation 
of  wires. 


Revised  Laws,  Chapter  26,  §  6. 

SECTION  6.     Regulations  established  by  a  city  under  the  pro- 
1886783,  §  i.     visions  of  section  fifty-four  of  chapter  twenty-five  shall  be  made 

P.  S.  28.  §  4.        .  _. 

by  ordinance. 

Revised  Laws,  Chapter  48,  §  85. 


Reserved 
spaces  in 
public  ways. 
1894,  324. 


RESERVED  SPACES  IN  PUBLIC  WAYS. 

SECTION  85.  If  the  city  council  of  a  city  or  a  town  accepts 
the  provisions  of  this  section  or  has  accepted  the  corresponding 
provisions  of  earlier  laws,  the  board  or  officers  authorized  to  lay 
out  streets,  highways  or  town  ways  may,  whether  any  such  street 
or  way  is  laid  out  under  the  provisions  of  law  authorizing  the 
assessment  of  betterments  or  otherwise,  reserve  spaces  between 
the  side  lines  thereof  for  the  use  of  horseback  riders,  for  bicycle 
paths  or  for  street  railways,  except  such  as  may  be  operated  by 
steam,  for  drains,  sewers  and  electric  wires,  for  trees  and  grass, 
and  for  planting. 


Damages 
caused,  by 
erection  of 
lines. 
Costs. 
1849,  93, 
§§4,5. 
G.  S.  64, 
§§4,5. 
P.  S.  109, 
§§4,5. 
1884,  306, 
§  1. 

1895,  350. 
136  Mass.  75. 
172  Mass.  197. 


DAMAGES   OF   LAND   OWNERS. 

SECTION  3.  An  owner  of  land  which  abuts  upon  a  pub- 
lic way  along  which  telegraph  or  telephone,  electric  light, 
heating  or  power  lines  are  constructed,  erected  or  altered 
in  location  or  construction  by  any  telegraph  or  telephone, 
electric  light,  heating  or  power  company,  whose  property 
is  injuriously  affected  or  diminished  in  value  by  occupa- 
tion of  the  ground  or  of  the  air,  or  otherwise  by  such  con- 
struction, erection  or  alteration,  whether  such  owner  is 
also  the  owner  of  the  fee  in  such  way  or  not,  may,  within 
three  months  after  such  construction,  erection  or  alteration, 
apply  to  the  mayor  and  aldermen  of  the  city  or  select- 
men of  the  town  in  which  such  land  is  situated  to  assess 
and  appraise  his  damages.  Before  entering  upon  the  ser- 
vice, the  mayor  and  aldermen  or  selectmen  shall  severally 
be  sworn  faithfully  and  impartially  to  perform  the  duties 
herein  required.  They  shall,  upon  view,  make  a  just  ap- 
praisal in  writing  of  the  loss  or  damage,  if  any,  to  the 
applicant,  sign  duplicates  thereof,  and  on  demand  deliver 
one  copy  to  the  applicant  and  the  other  to  the  company  or 
its  agent.  If  damages  are  assessed,  the  company  shall  pay 
them  and  the  costs  of  the  appraisers.  If  the  appraisers 
find  that  the  applicant  has  suffered  no  damage  he  shall  pay 


TRANSMISSION   OF  ELECTRICITY.  145 

said  costs.  The  mayor  and  aldermen  and  selectmen  shall 
each  receive  two  dollars  a  day  for  services  performed  as 
appraisers. 

SECTION  4.    If  such  company  does  not  pay  such  damages  Jof ™°-Jnt  is 
assessed,  or,  upon  appeal,  the  amount  of  the  final  judg-  Jj^in  JJ^'y 
ment,  within  thirty  days  after  demand,  the  mayor  and  etc.,  maybe 
aldermen  or  selectmen  may,  upon  request  of  such  owner,  is^lo'e, 
remove  all  the  poles,  wires  or  other  structures  of  such  is^'s,  350. 
company  from  that  portion  of  the  public  way  upon  which 
the  land  of  such  person  abuts,  first  leaving  a  written  state- 
ment at  the  office  of  such  company  in  such  city  or  town  of 
the  time  when  and  place  where  they  intend  to  remove  such 
poles,  wires  or  structures,  not  less  than  forty-eight  hours 
prior  to  such  removal.     If  such  company  has  no  office  in 
such  city  or  town,  such  notice  shall  be  deposited  in  the 
post  office,  postage  prepaid,  and  directed  to  such  company 
at  its  office  in  some  city  or  town  in  the  county.     The  city 
or  town  so  removing  any  such  poles,  wires  or  structures 
may  recover  the  expense  thereof  of  such  company.     The 
provisions  of  this  section  shall  not  prevent  such  owner  from 
collecting  the  damages  assessed. 

SECTION  5.     A  person  who  is  aggrieved  by  the  assess-  Assessment 
ment  of  his  damages  may  have  them  determined  by  a  jury  iwSfl's,  §  4. 
in  proceedings  according  to  the  provisions  of  section  eighty  p'.  s'.  109,  §%. 
of  chapter  forty-eight.     If  the  jury  increase  the  damages, 
the  amount  of  the  verdict  and  all  charges  shall  be  paid  by 
the  company;  otherwise,  the  charges  shall  be  paid  by  the 
applicant. 


PROTECTION  AND  MARKING  OF  WIRES. 

SECTION   16.     A  person  or   a  corporation,   private   or  Regulations 

.    .       ,  .  ,.  T/«'-  concerning 

municipal,  owning  or  operating  a  line  of  wires  over  or  wires  in  cities 

under  streets  or  buildings  in  a  city  or  town  shall  use  only  i89o,°404,' 

strong  and  proper  wires  safely  attached  to  strong  and  suffi-  i8199>  337) 

cient  supports  and  insulated  at  all  points  of  attachment ;  f  g1^  Mags  583 
shall  remove  all  wires  the  use  of  which  is  abandoned ;  shall 

i  .  i  .  .-.  -. . 

properly  insulate  every  wire  where  it  enters  a  building, 
and,  if  such  wire  is  other  than  a  wire  designed  to  carry  an 
electric  light,  heat  or  power  current,  shall  attach  to  it  at  a 
proper  point  in  the  circuit,  near  the  place  of  entering  the 
building,  and  so  situated  as  to  avoid  danger  from  fire,  an 


146 


TRANSMISSION   OF  ELECTRICITY. 


Names  of 
owners  to  be 
attached. 
1890,  404, 
§  2. 

1899,  320; 
337,  §  2. 


appliance  adapted  at  all  times  to  prevent  a  current  of  elec- 
tricity of  such  intensity  or  volume  as  to  be  capable  of  in- 
juring electrical  instruments  or  of  causing  fire  from  enter- 
ing the  building  by  means  of  such  wire  beyond  the  point  at 
which  such  appliance  is  attached ;  and  shall  properly  insu- 
late every  wire  within  a  building  which  is  designed  to  carry 
an  electric  light,  heat  or  power  current. 

SECTION  17.  Such  person  or  corporation  shall,  in  cities, 
affix  at  the  points  of  support  at  which  any  wire  or  cable 
containing  wires  provided  for  in  the  preceding  section  is 
attached,  a  tag  or  mark  distinctly  designating  the  owner  or 
user  of  such  wire  or  cable.  No  such  tag  or  mark  shall  be 
required  for  the  wires  of  a  street  railway  company,  except 
for  its  feed  wires  at  points  of  attachment  to  poles  carrying 
the  feed  wires  of  one  or  more  other  street  railway  com- 
panies. In  towns  wherever  wires  belonging  to  different 
owners  are  attached  to  the  same  pole,  cross  arm  or  fixture, 
such  pole,  cross  arm  or  fixture  shall  be  plainly  marked  with 
the  name  or  initials  of  the  owner  of  the  same,  and  such 
wires,  at  or  near  their  points  of  attachment  to  such  pole, 
cross  arm  or  fixture,  shall  be  tagged  or  marked  with  the 
names  or  initials  of  their  owners. 


Inspector  of 
wires;  duties. 
1890,  404, 
§13,4. 
1899,  337, 
§§3,4. 


OFFICERS    TO    SUPERVISE    WIRES. 

SECTION  18.  A  city  shall,  by  ordinance,  designate  or 
provide  for  the  appointment  of  an  inspector  of  wires,  and 
any  town  may,  at  an  annual  town  meeting,  instruct  its 
selectmen  to  appoint  such  an  inspector.  Such  inspector 
shall  supervise  every  wire  over  or  under  streets  or  buildings 
in  such  city  or  town  and  every  wire  within  a  building 
which  is  designed  to  carry  an  electric  light,  heat  or  power 
current,  shall  notify  the  person  or  corporation  owning  or 
operating  any  such  wire  whenever  its  attachments,  insula- 
tion, supports  or  appliances  are  improper  or  unsafe,  or 
whenever  the  tags  or  marks  thereof  are  insufficient  or  illegi- 
ble, shall,  at  the  expense  of  the  city  or  town,  remove  every 
wire  the  use  of  which  has  been  abandoned  and  every  wire 
which  is  not  tagged  or  marked  as  hereinbefore  required, 
and  shall  see  that  all  laws  and  regulations  relative  to  wires 
are  strictly  enforced.  A  city  or  town  may  recover  in  an 
action  of  contract  of  the  person  or  corporation  owning  any 
wire  so  removed  the  expense  which  it  has  incurred  for  the 
removal  thereof. 


TRANSMISSION   OF  ELECTRICITY.  147 

SECTION  19.    The  supreme  judicial  court  or  the  superior  Provisions 
court  shall  have  jurisdiction  in  equity  upon  petition  of  the  SXorcedin 
officer  or  inspector  designated  or  appointed  as  aforesaid,  i89o,y404, 
to  enforce  the  provisions  of  the  three  preceding  sections  §  5> 
and  to  restrain  the  use  or  maintenance,  or  to  cause  the 
removal,  of  any  wire,  pole  or  other  support  which  is  erected, 
maintained  or  used  in  violation  of  the  provisions  of  said 
sections. 

POLES  TO  BE  INSULATED. 

SECTION  20.    Poles  which  are  used  for  the  transmission  insulation 
of  electricity  shall  be  insulated  in  such  manner  as  to  pro-  1895,  223, 
tect  employees  and  other  persons  from  accidents.     The     §  1>  2' 
officer  and  inspector  of  wires  appointed  under  the  authority 
of  section  eighteen  or  the  commissioner  of  wires  of  the  city 
of  Boston  shall  enforce  the  provisions  of  this  section,  and 
he  shall  be  the  sole  judge  of  what  constitutes  a  proper 
insulation. 

SECTION  21.  A  person  or  corporation  owning  poles 
which  are  used  for  the  transmission  of  electricity  who  fails  §  3. 
to  comply  with  the  provisions  of  the  preceding  section  shall 
be  punished  by  a  fine  of  not  less  than  ten  nor  more  than 
one  hundred  dollars  for  every  pole  left  uninsulated  for  an 
unreasonable  time  after  a  request  for  a  proper  insulation 
by  the  officer,  inspector  or  commissioner  acting  under  the 
provisions  of  the  preceding  section. 


TO  BE  MARKED. 

SECTION  22.  A  corporation  or  person  maintaining  or  Affixing  tele- 
operating  telephone,  telegraph  or  other  electric  wires  or 
any  other  person  who  in  any  manner  affixes  or  causes  to  be 
affixed  to  the  property  of  another  any  pole,  structure,  fix-  g8^4'  302< 
ture,  wire  or  other  apparatus  for  telephonic,  telegraphic  or 
other  electrical  communication,  or  who  enters  upon  the 
property  of  another  for  the  purpose  of  affixing  the  same, 
without  first  obtaining  the  consent  of  the  owner  or  lawful 
agent  of  the  owner  of  such  property,  shall,  on  complaint  of 
such  owner  or  his  tenant,  be  punished  by  a  fine  of  not 
more  than  one  hundred  dollars. 

SECTION  23.     A  corporation  or  person  maintaining  or  Name  of  cor- 
operating  telephone,  telegraph  or  other  electric  wires  shall,  pS?  or  n  ( 
at  all  places  where  such  wires  are  affixed  by  any  pole,  struc-  1884*802  §  2 

201  Mass.  279. 


148 


TRANSMISSION   OF  ELECTRICITY. 


ture  or  fixture  to  the  property  of  another,  mark  such  pole, 
structure  or  fixture  in  a  clear,  durable  and  legible  manner 
with  the  name  of  the  corporation  or  person  maintaining  or 
operating  such  wires,  and  any  corporation  or  person  who 
fails  to  comply  with  the  provisions  of  this  section  shall  be 
punished  by  a  fine  of  not  more  than  one  hundred  dollars. 


Unincorpo- 
rated com- 
panies. 
1849,  93, 
§§  1,  6. 

1851,247,  §  2. 
G.  S.  64,  §  13. 


No  easement 
obtained  by 
poles,  etc. 
1851,  247, 
§  1. 

G.  S.  64,  §  14. 
P.  S.  109, 
§15. 


Injury  to 
lines,  wires, 
etc. 

1849,  93,  §  7. 
G.  S.  64,  §  15. 
P.  S.  109, 
§  16. 

Amended. 
1908,  233. 


Wires  may  be 

cut,  when. 

1869,  141, 

§  1. 

P.  S.  109, 

§  17. 

188  Mass.  265. 


SECTION  25.  Owners  and  associations  engaged  in  the 
business  specified  in  section  one  of  this  chapter,  although 
not  incorporated,  shall  be  subject  to  the  provisions  of  this 
chapter,  so  far  as  they  are  applicable. 

P.  S.  109,  |  14.  13  Allen,  226.  97  Mass.  555. 

SECTION  26.  No  enjoyment,  for  the  purposes  specified 
in  section  one  of  this  chapter,  by  a  person  or  corporation 
for  any  length  of  time  of  the  privilege  of  having  or  main- 
taining poles,  wires  or  apparatus  in,  upon,  over  or  attached 
to  any  building  or  land  of  other  persons  shall  give  a  legal 
right  to  the  continued  enjoyment  of  such  easement  or  raise 
any  presumption  of  a  grant  thereof. 

SECTION  27.  Whoever  unlawfully  and  intentionally  in- 
jures, molests  or  destroys  any  line,  wire,  pole,  pier  or  abut- 
ment, or  any  of  the  materials  or  property  of  any  street  rail- 
way company,  of  any  electric  railroad  company,  or  of  any 
city  or  town  engaged  in  the  manufacture  and  sale  of  elec- 
tricity for  light,  heat  or  power  or  of  any  company,  owner 
or  association  described  in  sections  one  and  twenty-five 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred 
dollars  or  by  imprisonment  for  not  more  than  two  years, 
or  by  both  such  fine  and  imprisonment ;  and  whoever  shall 
do  any  of  the  acts  prohibited  by  this  section  between  the 
hours  of  four  o'clock  in  the  afternoon  and  seven  o'clock  in 
the  morning  shall  be  punished  by  a  fine  of  not  more  than 
one  thousand  dollars  or  by  imprisonment  for  not  more  than 
four  years,  or  by  both  such  fine  and  imprisonment. 

SECTION  28.  Whoever,  in  order  to  move  a  building,  or 
for  any  necessary  purpose,  desires  to  cut,  disconnect  or 
remove  the  wires  of  any  such  company,  may  do  so,  exer- 
cising reasonable  care,  if  he  has  first  left  a  written  state- 
ment, signed  by  him,  of  the  time  when,  and  the  place,  de- 
scribed by  reference  to  the  crossings  of  streets  or  highways, 
where  he  wishes  to  remove  said  wires,  at  the  office  of  the 
company  in  the  town  in  which  such  place  is  situated, 
twentv-four  hours  before  the  time  so  stated,  or,  if  there  is 


TRANSMISSION  OF  ELECTRICITY.  149 

no  such  office,  if  he  has  deposited  such  statement  in  the 
post  office,  properly  prepaid,  and  directed  to  the  company 
at  its  office  nearest  to  said  place,  three  days  before  the  time 
mentioned  in  said  statement. 

SECTION  29.    Whoever  wilfully  cuts,   disconnects,   re-  Penalty  for 
moves  or  otherwise  interrupts  the  use  of  the  wires  of  any  SSthcmt™** 
such  company,  without  first  giving  notice  as  provided  in  1869*141, 
the  preceding  section,  shall  be  punished  as  provided  in  p2s.'io9,' 
section  twenty-seven.  §  is* 

SECTION  30.  The  provisions  of  the  two  preceding  sec-  Limitation 
tions  shall  not  apply  to  any  wires  attached  to  poles  which  seSnldir 
have  not  been  erected  in  compliance  with  the  provisions  §8369' 141> 
of  law.  109' 


150 


BOSTON  CONSOLIDATED  GAS  COMPANY. 


ACTS  EELATING  TO  THE   BOSTON  CONSOLIDATED 
GAS  COMPANY. 


Certain  com- 
panies in 
Boston  and 
vicinity  may 
consolidate. 


Incorpora- 
tion of  the 
Boston  Con- 
solidated Gas 
Company. 


ACTS  OF  1903,  CHAPTER  417. 

AN  ACT  TO  PROVIDE  FOR  THE  CONSOLIDATION  OF 
CERTAIN  GAS  COMPANIES  IN  THE  CITY  OF  BOS- 
TON AND  VICINITY. 

SECTION  1.  The  Boston  Gas  Light  Company,  the  Brook- 
line  Gas  Light  Company,  the  Bay  State  Gas  Company,  the 
Roxbury  Gas  Light  Company,  the  South  Boston  Gas  Light 
Company,  the  Dorchester  Gas  Light  Company,  the  Jamaica 
Plain  Gas  Light  Company  and  the  Massachusetts  Pipe 
Line  Gas  Company,  all  being  corporations  organized  under 
the  laws  of  this  Commonwealth,  may  unite  and  consolidate 
in  one  company  in  the  manner  and  upon  the  terms  and 
conditions  hereinafter  set  forth. 

SECTION  2.  For  the  purpose  of  facilitating  such  union 
and  consolidation,  Robert  Winsor,  Samuel  Carr,  James  L. 
Richards,  S.  Reed  Anthony,  Charles  G.  Smith,  Robert  E. 
Townsend,  Henry  B.  Chapin,  William  S.  Spaulding,  'Neal 
Rantoul  and  Charles  Augustus  Stone,  their  associates  and 
successors,  upon  complying  with  the  provisions  of  chapter 
one  hundred  and  ten  of  the  Revised  Laws  relating  to  the 
formation  of  corporations,  so  far  as  the  same  may  be  appli- 
cable and  not  inconsistent  herewith,  and  upon  their  accept- 
ance in  and  by  their  agreement  of  association,  of  the  pro- 
visions of  this  act,  shall  be  a  corporation  under  the  name 
of  the  Boston  Consolidated  Gas  Company,  for  the  purpose 
of  making,  selling  and  distributing  gas  "for  light  or  for 
heating,  cooking,  chemical  and  mechanical  purposes,  with 
all  the  powers  and  privileges  and  subject  to  all  the  duties, 
restrictions  and  liabilities  set  forth  in  this  act,  and,  except 
as  otherwise  provided  herein,  in  all  general  laws  now  or 
hereafter  in  force  and  applicable  to  such  corporations,  and, 
except  as  otherwise  provided  herein,  in  all  special  laws 
now  governing  the  corporations  mentioned  in  section  one, 
so  far  as  the  same  are  applicable  to  said  Boston  Consoli- 
dated Gas  Company  and  not  inconsistent  herewith. 


BOSTON  CONSOLIDATED  GAS  COMPANY.  151 

SECTION  3.     The  corporations  named  in  section  one  are  Certain  prop- 

1  n  ,1        •        i  c    ,  ,  .     ,       . 

reby  severally  authorized,  upon  vote  of  two  thirds  in 
interest  of  their  stockholders,  respectively,  at  a  meeting 


legally  called  for  that  purpose,  to  assign,  transfer  and  con-  pany?etc. 
vey  their  property,  locations,  rights,  licenses,  powers,  priv- 
ileges and  franchises  except  as  may  otherwise  be  provided 
in  this  act,  to  the  Boston  Consolidated  Gas  Company,  which 
is  hereby  authorized,  when  all  the  companies  named  in 
section  one  shall  have  so  voted  and  that  fact  shall  have 
duly  been  certified  to  the  board  of  gas  and  electric  light 
commissioners,  upon  vote  of  its  incorporators  or  two  thirds 
in  interest  of  its  shareholders  at  a  meeting  legally  called 
for  that  purpose,  to  acquire  the  same  as  provided  in  sections 
four  and  five  of  this  act,  and  upon  such  assignment,  trans- 
fer and  conveyance  by  all  the  corporations  mentioned  in 
section  one  the  said  Boston  Consolidated  Gas  Company 
shall  succeed  to  and  hold  and  enjoy  the  said  property,  loca- 
tions, rights,  licenses,  powers,  privileges  and  franchises  of 
the  several  corporations  named  in  section  one,  except  as  may 
otherwise  be  provided  in  this  act;  but  the  said  Boston 
Consolidated  Gas  Company  shall  have  no  authority  to 
manufacture  or  sell  electricity  for  light,  heat  or  power,  or 
to  construct  lines  or  conduits  for  the  distribution  of  the 
same,  except  in  the  town  of  Brookline,  in  that  part  of  the 
city  of  Boston  formerly  called  Brighton,  and  in  so  much 
of  the  city  of  Boston  as  was  formerly  part  of  the  town  of 
Brookline,  without  first  obtaining  the  consent  of  the  board 
of  gas  and  electric  light  commissioners  therefor,  so  far  as 
may  be  required  by  all  general  laws  now  or  hereafter  in 
force,  and  complying  with  all  general  laws  applicable 
thereto. 

SECTION  4.  [Said  Boston  Consolidated  Gas  Company  Capital  stock. 
shall  have  authority,  for  the  purpose  of  acquiring  the  prop- 
erty,  locations,  rights,  licenses,  powers,  privileges  and  fran-  §  lm 
chises  of  the  several  corporations  mentioned  in  section  one, 
to  issue  such  an  amount  of  capital  stock  as  may  be  approved 
by  the  board  of  gas  and  electric  light  commissioners  as  be- 
ing equal  at  par  to  the  fair  value  of  the  plants  and  property 
of  the  several  corporations,  as  the  same  shall  be  determined 
by  said  board,  on  application  of  the  Boston  Consolidated 
Gas  Company,  after  notice  and  a  public  hearing.  Such 
value  shall  be  determined  without  enhancement  on  account 
of  the  value  of  franchises  or  earning  capacity,  or  on  account 


152 


BOSTON  CONSOLIDATED  GAS  COMPANY. 


Appeal  may 
be  made  to 
supreme  judi- 
cial court  in 
certain  cases, 
etc. 

Repealed. 
1905,421, 
II. 


The  Boston 
Consolidated 
Gas  Company 
to  acquire 
stock  of  corpo- 
rations whose 
properties  are 
purchased. 
Repealed. 
1905,  421, 
§1. 


To  assume 
certain  lia- 
bilities, etc. 
Repealed. 
1905,421, 
1.1. 


Proviso. 


Capital  stock 
of  Boston 
Consolidated 
Gas  Company. 
1905,421,  §  1 


of  exclusive  privileges  derived  from  rights  in  the  public 
streets,  or  of  good  will,  and  there  shall  be  deducted  from 
the  amounts  of  capital  stock  so  to  be  issued  such  an  amount 
as  will  equal  at  par  any  indebtedness  of  the  corporations 
mentioned  in  section  one  which  may  be  assumed  by  said 
Boston  Consolidated  Gas  Company  as  hereinafter  in  this 
section  provided.] 

[The  attorney-general,  if  he  deems  that  the  public  in- 
terest so  requires,  the  mayor  of  the  city  of  Boston,  the 
selectmen  of  the  town  of  Brookline,  the  Boston  Consoli- 
dated Gas  Company,  and  any  one  of  the  corporations  men- 
tioned in  section  one,  if  aggrieved  by  the  determination  of 
the  board  may,  within  fourteen  days  after  notice  of  such 
determination,  or  after  such  further  time  as  the  supreme 
judicial  court  may  allow,  appeal  therefrom  to  the  supreme 
judicial  court,  and  upon  the  filing  of  such  claim  of  appeal, 
together  with  a  statement  of  objections  to  matters  of  fact 
or  law,  the  supreme  judicial  court  shall  have  jurisdiction 
in  equity  to  hear  and  determine  the  same  as  upon  the 
report  of  a  master,  and  may  enter  such  decrees  or  orders 
thereon  as  the  case  may  require,  and  may  recommit  the 
matter  to  the  board  for  further  action  by  them  in  accord- 
ance with  the  requirements  of  such  decree  or  order  of 
recommital.] 

[Said  Boston  Consolidated  Gas  Company  shall,  so  far 
as  possible,  acquire  all  the  stock  of  the  corporations  whose 
properties  are  purchased  as  provided  in  section  three,  and 
the  purchase  price  of  the  property  of  each  corporation, 
whether  paid  in  stock,  or  cash,  or  by  the  assumption  of 
indebtedness,  or  part  in  each,  shall  be  such  amount  as  said 
board  may  approve  as  being  the  fair  value  of  the  plants 
and  property  of  such  corporation  determined  as  herein- 
before provided.] 

[Said  Boston  Consolidated  Gas  Company  shall  assume 
and  pay  all  debts  and  liabilities  of  the  corporations  men- 
tioned in  section  one,  in  so  far  as  the  same  shall  not  be  paid 
or  provided  for  out  of  the  purchase  price  paid  to  said  cor- 
porations: provided,  however,  that  the  adjustment  and 
satisfaction  of  all  debts  and  liabilities  of  said  corporations 
to  one  another  shall  be  subject  to  the  approval  of  the  board 
of  gas  and  electric  light  commissioners.] 

Said  Boston  Consolidated  Gas  Company  for  the  purpose 
of  acquiring  the  property,  locations,  rights,  licenses,  powers, 


BOSTON  CONSOLIDATED  GAS  COMPANY.  153 

privileges  and  franchises  of  the  several  corporations  men- 
tioned in  section  one,  shall  have  authority  to  issue  an 
amount  of  capital  stock  equal  at  par  to  the  aggregate  of  the 
par  value  of  the  existing  stock  of  the  corporations  men- 
tioned in  section  one  and  the  face  value  of  the  outstanding 
bonds,  notes  and  certificates  of  indebtedness  as  of  October 
thirty-one,  nineteen  hundred  and  four,,  to  wit:  Stock  to  the 
aggregate  par  value  of  fifteen  million,  one  hundred  and 
twenty-four  thousand  six  hundred  dollars,  but  no  more. 

The  corporations  mentioned  in  section  one  shall  pay  and  ^debtednLs 
discharge  the  outstanding  bonds,  notes  and  certificates  of  If  corpora- 
indebtedness  from  the  proceeds  of  the  purchase  price  of 
the  sale  of  their  property,  and  said  Boston  Consolidated 
Gas  Company  shall  assume  and  pay  all  other  debts  and 
liabilities  of  said  corporations,  except  that  any  indebted- 
ness of  any  of  the  corporations  mentioned  in  section  one  to 
another  of  said  corporations  shall  be  extinguished  when  the 
consolidation  authorized  by  this  act  shall  have  been  ef- 
fected. 

Said  Boston  Consolidated  Gas  Company  shall,  as  far  as  Boston  con- 

.77  .  7717  *      7        j?    1 7  i  -  7  validated  Gas 

possible,  acquire  all  trie  stock  of  trie  corporations  whose  company  to 
properties  are  purchased,  as  provided  in  section  three,  and  o/ 
the  purchase  price  of  the  properties  of  each  corporation  and  ^ 
of  such  portion  of  its  stock  as  may  be  acquired  shall  be  such 
sum  as  the  respective  corporations  may  agree  to,  but  the 
aggregate  of  the  purchase  prices  paid  therefor,  after  de- 
ducting therefrom  the  debts  to  be  assumed  by  the  Boston 
Consolidated  Gas  Company,  shall  not  exceed  the  proceeds 
of  the  stock  herein  authorized,  including  any  premiums 
which  may  be  paid  in  thereon.     No  stock  or  bonds  shall 
ever  be  issued  for  the  indebtedness  assumed  as  above  pro- 
vided. 

Said  Boston  Consolidated  Gas  Company  may  also,  from 
time  to  time,  for  any  lawful  purpose  but  subject  to  the  stock,  etc. 
general  laws  applicable  thereto,  issue  additional  stock,  and 
the  limitation  as  to  the  amount  of  the  capital  stock  of  gas 
companies  organized  under  chapter  one  hundred  and  ten 
of  the  Revised  Laws  shall  not  apply  to  said  Boston  Con- 
solidated Gas  Company. 

SECTION  5.    Any  stockholder  of  any  corporation  selling  vaiueof 
under  authority  of  section  three  who  does  not  assent  to  the  dissecting 
purchase  authorized  by  this  act  may  within  thirty  days  h^dS** 
after  the  day  of  the  meeting  of  the  selling  corporation  at  miljed' etc- 


154  BOSTON  CONSOLIDATED  GAS  COMPANY. 

which  such  sale  is  voted)  file  with  the  clerk  of  said  corpo- 
ration a  writing  declaring  his  dissent  therefrom  and  stating 
the  number  of  shares  held  by  him  and  the  number  or  num- 
bers of  the  certificate  or  certificates  evidencing  the  same. 
The  shares  of  any  stockholder  dissenting,  as  above  speci- 
fied, may  be  valued  as  hereinafter  provided,  and  the  value 
thereof  shall  in  such  case  be  paid,  tendered  or  deposited 
to  or  for  account  of  such  stockholder  in  the  manner  fol- 
lowing :  —  Within  thirty  days  after  the  filing  of  any  stock- 
holder's dissent,  as  above  provided,  such  stockholder  may 
file  a  petition  in  the  supreme  judicial  court  sitting  within 
and  for  the  county  of  Suffolk,  setting  forth  the  material 
facts  and  praying  that  the  value  of  his  shares  may  be  deter- 
mined. Thereupon,  and  upon  such  notice  to  all  parties 
concerned  as  it  may  deem  proper,  said  court  shall  pass  an 
order  requiring  such  dissenting  stockholder's  certificate  or 
certificates  of  stock,  duly  endorsed,  to  be  deposited  with  the 
clerk  of  said  court,  and  shall  appoint  three  commissioners 
to  ascertain  and  report  the  value  of  such  dissenting  stock- 
holder's shares.  Such  report  shall  be  made  to  the  court  as 
soon  as  practicable,  and  after  due  notice  to  the  parties  in 
interest,  shall  be  confirmed  by  the  court,  unless  some  error 
of  law  be  made  to  appear  upon  the  face  of  the  report,  in 
which  event  it  shall  be  recommitted  to  the  commissioners 
with  such  order  as  the  court  may  make,  or  unless  either  of 
the  parties  to  said  proceedings  shall  claim  a  trial  by  jury, 
in  which  latter  event  the  court  shall  order  the  question  of 
the  value  of  the  shares  to  be  tried  and  determined  by  a  jury 
in  the  same  manner  as  other  civil  cases  are  tried  in  that 
court.  Upon  the  payment,  or  tender,  or  deposit  of  the 
value  of  said  shares,  fixed  as  aforesaid,  the  shares  of  such 
dissenting  stockholder  and  the  certificate  or  certificates 
thereof  shall  be  transferred  to  and  become  the  property  of 
the  selling  corporation,  whose  right  and  title  thereto  and 
possession  thereof  may  be  enforced  by  the  court  by  any 
Exceptions  appropriate  order  or  process.  Exceptions  may  be  taken  to 
may  be  taken.  anv  ru]ing  or  order  by  said  court,  to  be  heard  and  deter- 
mined by  the  full  court  as  in  other  civil  cases.  The  court 
may  make  all  such  orders  for  the  enforcement  of  the  rights 
of  any  party  to  the  proceedings,  for  the  consolidation  of 
two  or  more  petitions  and  their  reference  to  the  same  com- 
missioners, for  the  consolidation  of  claims  for  a  trial  by 
jury,  for  the  deposit  of  money  in  court,  and  for  the  pay- 


BOSTON  CONSOLIDATED  GAS  COMPANY.  155 

ment  of  interest  upon  the  value  of  the  stockholders'  shares 
as  determined,  and  the  payment  of  costs  by  one  party  to  the 
other,  as  justice  and  the  speedy  settlement  of.  the  matters 
in  controversy  may  require. 

SECTION  6.  Said  Boston  Consolidated  Gas  Company  contracts  for 
shall  not  purchase  any  gas  until  the  board  of  gas  and  elec- 
tric  light  commissioners  have  found  after  public  hearing 
that  the  price  to  be  paid  for  the  gas  to  be  purchased  is  less 
than  it  would  cost  said  Boston  Consolidated  Gas  Company 
to  make  its  gas  in  gas  works  of  standard  type  properly 
equipped,  suitably  situated  and  of  sufficient  capacity  to 
make  all  the  gas  required  by  the  whole  district  supplied  by 
said  company.  Said  board  may  from  time  to  time  deter- 
mine the  period  or  periods  during  which  said  company 
may  so  purchase  its  gas  at  the  price  aforesaid ;  and  no  con- 
tract for  the  purchase  of  gas  for  more  than  thirty  days 
shall  be  made  without  the  approval  of  said  board.  No 
contract  which  the  Boston  Consolidated  Gas  Company  shall 
make  for  the  purchase  of  any  portion  of  its  gas  shall  in  any 
respect  affect  any  authority  conferred  on  said  board  by  this 
act  or  by  section  thirty-four  of  chapter  one  hundred  and 
twenty-one  of  the  Revised  Laws  or  by  any  general  laws 
which  may  hereafter  be  in  force  to  fix  the  price  to  be 
charged  by  said  company  for  gas. 

SECTION  7.    If  in  the  conduct  of  its  business  said  Boston  Disposition  of 
Consolidated  Gas  Company  shall  deem  it  advisable  to  sell  saf^tc?,  of 
and  convey  any  real  estate  conveyed  to  it  for  the  purposes  estate, 
of  this  act,  or  if  any  part  of  such  real  estate  shall  hereafter 
be  taken  in  the  exercise  of  the  right  of  eminent  domain,  the 
proceeds  of  such  sale  or  sales  or  condemnation  or  taking- 
shall  be  applied,  with  the  approval  of  the  board  of  gas  and 
electric  light  commissioners,  to  the  payment  and  cancella- 
tion of  obligations  of  the  company,  or,  with  like  approval, 
to  any  of  the  purposes  for  which  said  board  might  approve 
the  issue  of  new  capital  stock,  and,  if  not  thereby  exhausted, 
to  the  reduction  of  the  capital  stock  of  the  company  upon 
such  terms  as  the  board  may  approve. 

SECTION  8.    If  in  the  iudgment  of  the  board  of  gas  and  Gasandeiec- 

.,.,  ..  -,  .          .T  1     i    •         i        tric  hght com" 

electric  light  commissioners  such  action  is  demanded  in  the 
public  interest,  said  board  shall  have  authority  to  require 
said  Boston  Consolidated  Gas  Company  to  provide,  either 
by  the  repair  or  reconstruction  of  existing  works,  or  by  the 
construction  of  new  works,  works  for  the  manufacture  of 


156  BOSTON  CONSOLIDATED  GAS  COMPANY. 

gas  of  such  capacity  as  in  the  judgment  of  the  board  may  be 
suited  to  the  needs  of  the  whole  district  supplied  by  said 
company.  • 

1896,  537,  SECTION  9.     Section  five  of  chapter  five  hundred  and 

198  Mass.  359.  thirty-seven  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-six,  entitled  "  An  Act  to  incorporate  the  Massachu- 
setts' Pipe  Line  Gas  Company ",  is  hereby  amended  by 
striking  out  the  word  "  shall ",  in  the  ninth  and  sixteenth 
lines,  and  inserting  in  place  thereof,  in  each  instance,  the 

TO  petition  for  word :  —  may,  —  so  as  to  read  as  follows :  —  Section  5. 

in'cities'ina8  If  the  company  shall  desire  for  its  pipe  lines  the  right  to  con- 
ms,  etc.  struct,  maintain  and  operate  the  same  in  the  streets,  lanes 
and  highways  of  any  city  or  town,  it  shall  petition  the  alder- 
men or  selectmen  therefor,  stating  the  termini  of  such  pipe 
line  in  such  city  or  town  with  as  much  particularity  and 
certainty  as  practicable,  and  stating  the  streets,  highways 
and  lanes  in  which  the  company  desires  to  locate  such  pipe 
line;  and  the  aldermen  or  selectmen  may  grant  that  loca- 
tion, or  such  other  location  in  such  streets,  lanes  and  high- 
ways as  they  shall  deem  proper.  In  the  event  that  said 
aldermen  or  selectmen  shall  for  a  period  of  thirty  days 
refuse  or  neglect  to  grant  a  location,  or  if  the  company  is 
dissatisfied  with  the  location  granted,  it  may  within  sixty 
days  thereafter  appeal  to  the  board,  who,  after  such  hearing 
and  notice  as  they  shall  deem  proper,  may  grant  to  the  com- 
pany reasonable  locations  between  said  termini  for  such 
pipe  line  in  the  streets,  lanes  and  highways  of  said  city  or 
town.  Upon  the  granting  of  such  locations  by  said  alder- 
men, selectmen  or  board,  the  company  may  lay,  construct, 
maintain  and  operate  such  pipe  line  in  the  location  granted. 
Similar  rights  as  to  additional  pipe  lines  in  the  same  city 
or  town  shall  be  obtained  only  by  permission  of  the  board. 
The  company  may,  upon  obtaining  such  locations,  and  sub- 
ject to  such  regulations  and  restrictions  in  respect  to  the 
manner  and  time  of  conducting  the  work  as  said  aldermen 
or  selectmen  shall  prescribe,  dig  up  and  open  the  ground  in 
any  of  the  streets,  lanes  and  highways  of  said  city  or  town 
so  far  as  is  necessary  to  accomplish  the  object  of  the  cor- 
poration ;  but  such  grant  shall  not  affect  the  right  or  remedy 
to  recover  damages  for  an  injury  caused  to  persons  or  prop- 
erty by  the  doings  of  the  company.  It  shall  put  all  such 
streets,  lanes  and  highways  which  are  opened  by  it  in  as 


BOSTON  CONSOLIDATED  GAS  COMPANY.  157 

good  repair  as  they  were  when  opened,  and  to  the  satisfac- 
tion of  the  local  authorities  of  the  city  or  town  in  which 
such  streets,  lanes  or  highways  are  located,  and  upon  failure 
so  to  do  within  a  reasonable  time  shall  be  deemed  guilty 
of  a  nuisance.  In  constructing,  maintaining,  repairing  or 
extending  its  distributing  system  in  any  city  or  town  the 
company  shall  be  subject  to  all  the  restrictions,  regulations 
and  liabilities  set  forth  in  section  seventy-five  of  chapter 
one  hundred  and  six  of  the  public  Statutes,  except  as  in  this 
act  provided ;  and  in  the  construction,  maintaining,  repair- 
ing and  extending  of  its  pipe  lines  and  distributing  systems 
it  shall  in  all  cases  be  subject  to  the  restrictions,  regula- 
tions and  liabilities  set  forth  in  sections  seventy-six  and 
seventy-seven  of  said  chapter  one  hundred  and  six.  If  in 
making  such  excavations  any  water  or  gas  pipes,  sewers, 
drains,  conduits  or  other  subterranean  works  are  disturbed 
or  interfered  with,  the  same  shall,  at  the  expense  of  the 
company,  be  restored  to  as  good  condition  as  they  were  in 
before  such  excavation.  All  locations  granted  under  this  Locations 
section  shall  be  subject  to  revocation  by  said  aldermen  or  fZOftorevo- 
selectmen  respectively,  subject  to  the  approval  of  said  c 
board. 

SECTION  10.     Section  six  of  said  chapter  five  hundred  J8A96>  537\  , 

.  .  f  ..So,  amended. 

and  thirty-seven  is  hereby  amended  by  inserting  alter  the 
word  "  board  ",  in  the  second  line,  the  words :  —  and  with 
the  consent  of  the  mayor  and  aldermen  of  any  city  or  the 
selectmen  of  any  town  in  which  the  works,  distributing 
system  and  other  property  hereinafter  mentioned  are  situ- 
ated,—  so  as  to  read  as  follows:  —  Section  6.  The  com-  May  purchase, 
pany  may,  subject  to  approval  of  the  board,  and  with  the  other  systems, 
consent  of  the  mayor  and  aldermen  of  any  city  or  the  select- 
men of  any  town  in  which  the  works,  distributing  system 
and  other  property  hereinafter  mentioned  are  situated,  and 
upon  such  terms  and  conditions  as  may  be  mutually  agreed 
upon,  and  as  may  be  approved  by  the  board,  purchase,  lease 
or  operate  the  works,  distributing  system  and  other  prop- 
erty of  any  person,  firm,  corporation,  town  or  city  engaged 
in  the  business  of  selling  or  distributing  gas,  or  any  portion 
of  such  works,  distributing  system  or  other  property  in  any 
city  or  town  in  which  the  company  has  laid  a  pipe  line: 
provided,  however,  that  nothing  in  this  act  shall  authorize  Proviso, 
the  company  to  issue  new  capital  stock  or  bonds  for  the 


158 


BOSTON  CONSOLIDATED  GAS  COMPANY. 


Proviso. 


Certain  pro- 
visions of  law 
not  to  apply  to 
the  Boston 
Consolidated 
Gas  Company. 


When  amend- 
ments shall 
take  effect. 


purpose  of  such  purchase  in  excess  of  the  amount  issued 
by  the  corporation  whose  works  are  purchased;  and  such 
person,  firm,  corporation,  town  or  city  may  sell  or  lease  any 
of  its  works,  distributing  system  or  other  property  to  the 
company  as  aforesaid.  The  company  may  thereupon  use 
the  said  works,  distributing  system  or  other  property  for 
the  purpose  of  selling  gas  to  the  inhabitants  of  the  town  or 
city  within  which  the  same  are  situated;  provided,  how- 
ever, that  in  case  of  any  such  purchase,  lease  or  operating 
contract,  the  prices  charged  by  the  company  to  individual 
consumers  or  for  public  lights  shall  thereafter  be  subject 
to  the  jurisdiction  of  the  board,  as  provided  by  section 
nine  of  chapter  three  hundred  and  fourteen  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-five,  and  shall  not  in 
any  case  exceed  the  prices  ruling  at  the  time  of  such  pur- 
chase, lease  or  operating  contract;  nor  shall  the  company 
discontinue  any  portion  of  the  distributing  system  it  may 
acquire  by  any  such  purchase,  lease  or  operating  contract, 
but  shall  be  subject  to  the  provisions  of  section  five  of 
chapter  three  hundred  and  forty-six  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-six. 

SECTION  11.  So  much  of  section  seven  of  said  chapter 
five  hundred  and  thirty-seven  as  fixes  the  price  to  be 
charged  by  the  Massachusetts  Pipe  Line  Gas  Company  for 
fuel  or  illuminating  gas  shall  not  apply  to  said  Boston 
Consolidated  Gas  Company;  but  the  final  limitation  of 
said  section  prohibiting  the  sale  of  gas  to  individual  con- 
sumers, except  as  provided  in  section  six  of  said  chapter, 
shall  apply  to  it  except  in  any  city  or  town  or  division  or 
district  thereof,  if  less  than  the  whole,  where  individual 
consumers  are  now  supplied  by  its'  constituent  companies, 
and  any  contract  for  the  sale  of  gas  by  said  Boston  Con- 
solidated Gas  Company  to  any  other  gas  company,  or  to 
any  city  or  town,  shall  be  subject  to  the  approval  of  the 
board  of  gas  and  electric  light  commissioners.  Sections 
two  and  four  of  chapter  forty-one  of  the  acts  of  the  year 
eighteen  hundred  and  twenty-two,  entitled  "  An  Act  to  in- 
corporate the  Boston  Gas  Light  Company ",  shall  not 
apply  to  said  Boston  Consolidated  Gas  Company. 

SECTION  12.  The  amendments  made  by  the  three  pre- 
ceding sections  shall  not  take  effect  until  said  Boston  Con- 
solidated Gas  Company  has  acquired,  as  provided  in  sec- 


BOSTON  CONSOLIDATED  GAS  COMPANY.  159 

tion  three,  the  property,  locations,  rights,  licenses,  powers, 
privileges  and  franchises  of  all  the  corporations  mentioned 
in  section  one. 

SECTION  13.     All  stock  of  any  corporation  mentioned  Certain  stock 
in  section  one  received  by  said  Boston  Consolidated  Gas  p°ropertTofhe 
Company  as  part  of  the  transaction  authorized  by  this  act  ?0iida?ed°Gas 
shall  become  the  property  of  said  company.     Such  stock  ComPany' etc- 
shall  not  be  sold,  assigned,  pledged,  transferred  or  con- 
veyed in  whole  or  in  part,  by  the  purchasing  corporation, 
and  shall  be  non-negotiable,  and  whenever  all  the  prop- 
erty, locations,  licenses,  rights,  powers,  privileges  and  fran- 
chises of  any  of  the  corporations  mentioned  in  section  one 
shall  have  been  transferred  to  and  vested  in  said  Boston 
Consolidated  Gas  Company,  as  aforesaid,  and  the  indebt- 
edness of  said  selling  company  paid,  such  selling  company 
shall  be  dissolved  in  the  manner  provided  by  law  upon  its 
petition,  upon  the  petition  of  the  Boston  Consolidated  Gas 
Company,  or  upon  the  petition  of  the  board  of  gas  and 
electric  light   commissioners;    and  the   supreme  judicial  Enforcement 
court  shall  be  authorized,  upon  the  petition  of  the  board  °fpr° 
of  gas  and  electric  light  commissioners,  to  enforce  any 
provision  of  this  act. 

[SECTION   14.     Unless  all  the  corporations  named  in  Acttoter- 
section  one  shall  within  two  years  after  the  passage  of  this 
act  convey  their  property  to  the  said  Boston  Consolidated 
Gas  Company,  in  accordance  with  the  provisions  of  this  ,  §  2. 

act,  or  within  such  further  time  not  exceeding  three  years 
as  the  board  of  gas  and  electric  light  commissioners  may 
for  good  cause  determine,  the  powers  conferred  by  this 
act  shall  expire  and  terminate.  Said  Boston  Consolidated 
Gas  Company  shall  have  no  authority  to  make,  purchase, 
sell  or  distribute  gas  or  electricity  until  it  shall,  within  the 
provisions  of  this  act,  have  acquired  all  the  property,  loca- 
tions, rights,  licenses,  powers,  privileges  and  franchises 
of  all  the  corporations  mentioned  in  section  one.] 

Section  14-     Said  Boston  Consolidated  Gas  Company  Acceptance 

7     77          .  •         .7  /7         ..  •    7  i        T  and  agreement 

shall  not  acquire  the  property,  locations,  rights,  licenses,  to  be  filed, 
powers,  privileges  and  franchises  of  the  several  corpora-  1 
tions  mentioned  in  section  one  unless  it  shall  before  the 
first  day  of  August  in  the  year  nineteen  hundred  and  five, 
file  with  the  board  of  gas  and  electric  light  commissioners 
its  acceptance  hereof,  and  an  agreement  that  it  will  within 


160 


BOSTON  CONSOLIDATED  GAS  COMPANY. 


Not  to  maJce  or 
distribute,  etc., 
gas  or  elec- 
tricity until 
certain 
property  is 
acquired,  etc. 


Par  value  of 
capitalization. 
(New  section.) 
1905,421,1  8. 


To  be  entitled 
to  certain 
rights,  etc., 
upon  the  ac- 
quisition of 
certain  prop- 
erty. 

(New  section.) 
1905,  421,13. 


twelve  months  from  the  date  of  such  acquisition  reduce 
the  maximum  price  of  gas  to  be  charged  by  it  to  ninety 
cents  per  thousand  cubic  feet. 

Said  Boston  Consolidated  Gas  Company  shall  have  no 
authority  to  make,  purchase,  sell  or  distribute  gas  or  elec- 
tricity until  it  shall,  within  the  provisions  of  this  act,  have 
acquired  all  the  property,  locations,  rights,  licenses,  pow- 
ers, privileges  and  franchises  of  all  the  corporations  men- 
tioned in  section  one,  and  the  Boston  Consolidated  Gas 
Company  shall  proceed  forthwith  to  acquire  the  same. 

Section  15.  The  Boston  Consolidated  Gas  Company 
shall  not  by  the  acceptance  of  the  capitalization  herein  au- 
thorized be  deemed  to  have  admitted  for  any  purpose  that 
the  par  value  of  such  capitalization  is  equal  to  the  value 
of  its  property  or  to  the  value  of  the  property  necessary 
for  the  proper  conduct  of  its  business. 

Section  16.  Said  Boston  Consolidated  Gas  Company, 
upon  the  acquisition  of  the  property  of  the  corporations 
mentioned  in  section  one,  shall  be  entitled  to  all  those 
rights,  powers  and  privileges  set  forth  in  chapter  thirty- 
four  of  the  Revised  Laws  and  in  any  amendments  thereof, 
and  particularly  in  section  ten  of  said  chapter,  to  which 
it  would  have  been  entitled  if  it  had  been  the  owner  of 
said  properties  and  engaged  in  the  business  of  generating 
or  distributing  gas  or  electricity  for  sale  for  lighting  pur- 
poses in  the  city  of  Boston  at  the  time  of  any  votes  or  pro- 
ceedings heretofore  or  hereafter  passed  or  taken  by  the 
city  of  Boston,  under  the  provisions  of  said  chapter,  or  of 
any  acts  in  amendment  thereof. 

SECTION  15.  This  act  shall  take  effect  upon  its  passage. 

\_Approved  June  10,  1903. 


BOSTON  SLIDING   SCALE  ACT.  161 


ACTS  OF  1906,  CHAPTER  422. 

AN  ACT  TO  PROMOTE  THE  REDUCTION  OF  THE 
PRICE  OF  GAS  IN  THE  CITY  OF  BOSTON  AND  ITS 
VICINITY. 

SECTION  1.     From  and  after  the  thirtieth  day  of  June  Fixing  the 
in  the  year  nineteen  hundred  and  six,  the  standard  price  of agasahid  pri< 
to  be  charged  by  the  Boston  Consolidated  Gas  Company  Boston'etc- 
for  gas  supplied  to  its  customers  shall  be  ninety  cents  per 
one  thousand  cubic  feet,  which  price  shall  not  thereafter 
be  increased  except  as  hereinafter  provided.     From  and 
after  the  said  date  the  standard  rate  of  dividends  to  be 
paid  by  said  company  to  its  stockholders  shall  be  seven  per 
cent  per  annum  on  the  par  value  of  its  capital  stock,  which 
rate  shall  not  thereafter  be  increased  except  as  hereinafter 
provided. 

SECTION  2.     If  during;  any  year  ending  on  the  thirtieth  if  price 

n  /»    T  i  •  •  ic          charged  is  less 

day  oi  June  tne  maximum  net  price  per  thousand  ieet  than  standard 
charged  by  the  company  has  been  less  than  the  standard  Sends  may  be 
price,  the  company  may  during  the  following  year  declare  increased  rate, 
and  pay  dividends  exceeding  the  standard  rate  in  the  ratio 
of  one  fifth  of  one  per  cent  for  every  one  cent  of  reduction 
of  said  maximum  net  price  below  the  standard  price. 

SECTION  3.  Said  company  shall  annually  publish  in  the  Annual  report 
month  of  September,  in  one  or  more  newspapers  published  lishedTetc. 
in  the  city  of  Boston,  a  report  showing  for  the  previous 
fiscal  year,  among  other  things,  the  cost  per  thousand  feet 
to  such  company  of  gas  in  the  holder,  itemizing  said  cost 
so  as  to  show  the  cost  per  thousand  feet  for  gas  manufac- 
tured, of  wrages  at  works  and  of  the  main  items  of  mate- 
rials; also  the  cost  per  thousand  feet  of  distribution;  also 
the  amount  per  thousand  feet,  if  any,  charged  as  deprecia- 
tion of  ways,  works  and  machinery;  also  the  amount  per 
thousand  feet,  if  any,  charged  for  maintenance  repairs; 
together  with  such  other  items  of  account  as  may  from 
time  to  time  be  prescribed  by  the  board  of  gas  and  electric 
light  commissioners. 

SECTION  4.     Said  board  shall  have  authority  upon  peti-  Method  of  de- 

/»i  i  *  *          •  »    t        termmmg  cost 

tion  oi  the  mayor  or  board  of  aldermen  of  a  city  or  of  the  of  gas,  etc., 

i      ,  f  •          i  •   i          •  i  •      c         •   -i  •         may  be  re- 

selectmen  of  a  town  in  which  said  company  is  furnishing  vised, 
gas,  and  after  hearing  the  company,  to  revise  the  method 
of  determining  the  cost  of  gas  supplied  by  said  company, 
and  to  determine  finally  and  conclusively  the  actual  cost 


162 


BOSTON   SLIDING  SCALE  ACT. 


payedivi 
excess  may  be 

invested,  etc. 


ividen°as 
' 


Provisos. 


of  the  gas  furnished  and  the  clear  profits  made  by  said 
company  applicable  to  the  payment  of  dividends  for  the 
year  ending  on  June  thirtieth.  Any  orders  made  by  said 
board  shall  be  enforcible  as  provided  by  section  nine  of 
chapter  one  hundred  and  twenty-one  of  the  Revised  Laws. 
SECTION  5.  If  the  clear  profits  of  the  company  appli- 
ca^e  to  the  payment  of  dividends  amount  in  any  year  to 
a  larger  sum  than  is  sufficient  to  pay  the  dividends  which 

,  ,  -,  •     ' 

the  company  is  herein  authorized  to  pay  during  the  next 
succeeding  year,  the  excess  above  the  sum  necessary  for 
that  purpose  may  from  time  to  time,  to  the  extent  of  one 
per  cent  per  annum  of  the  par  value  of  the  capital  of  the 
company,  be  invested  in  securities  in  which  savings  banks 
incorporated  under  the  laws  of  this  Commonwealth  are 
authorized  by  law  to  invest,  and  the  dividends  and  interest 
arising  from  such  securities  shall  also  be  invested  in  the 
same  or  like  securities,  in  order  that  the  same  may  ac- 
cumulate at  compound  interest  until  the  fund  so  formed 
amounts  to  a  sum  equal  to  one  twentieth  of  the  par  value 
of  the  capital  stock  of  the  company,  which  sum  shall  form 
a  reserve  fund:  provided,  that  when  and  so  often  as  the 
said  fund  shall  by  reason  of  the  accumulation  of  interest 
or  dividends  or  otherwise  exceed  one  twentieth  of  the  par 
value  of  the  capital  stock,  the  excess  shall  be  carried  to 
the  credit  of  the  clear  profits  of  the  company  applicable 
to  the  payments  of  dividends.  The  company  may  from 
time  to  time  use  said  fund  or  any  portion  thereof  to  meet 
any  extraordinary  claim,  demand,  or  charge  which  may 
at  any  time  arise  against  or  fall  upon  the  company  from 
fire,  accident,  or  other  circumstances  which  due  care  and 
management  could  not  have  prevented;  and  whenever  in 
any  year  the  clear  profits  of  the  business  of  the  company 
for  the  preceding  year  applicable  to  the  payment  of  divi- 
dends are  insufficient  to  enable  it  to  pay  the  dividends 
which  the  company  is  herein  authorized  to  pay,  it  may 
apply  said  fund,  or  such  portion  thereof,  as  may  be  neces- 
sary, toward  the  payment  of  the  dividends  which  the  com- 
pany is  herein  authorized  to  pay  for  such  year.  If  the 
reserve  fund  be  reduced  at  any  time,  it  may  thereafter 
again  be  made  up  to  one  twentieth  of  the  par  value  of  the 
capital  stock  of  the  company,  and  so  from  time  to  time  as 
often  as  such  reduction  shall  happen  ;  provided,  that  resort 
may  be  had  to  the  reserve  fund  for  any  of  the  purposes 


BOSTON  SLIDING  SCALE  ACT.  163 

above  mentioned,  although  such  fund  may  not  at  the  time 
have  reached  or  may  have  been  reduced  below  the  full 
amount  of  one  twentieth  as  aforesaid. 

SECTION  6.     If  in  any  year  the  amount  of  the  clear  Excess  of 
profits  of  the  business  of  the  company  applicable  to  the  SSfcases^to'be 
payment  of  dividends  exceeds  the  amount  required  to  pay  5"d  to^Vsup- 
the  dividends  herein  authorized  to  be  paid  during  the  next  plied  with  gas* 
succeeding  year,  and  the  amounts  which  are  herein  au- 
thorized to  be  set  aside  for  the  reserve  fund,  the  excess  of 
such  profits  shall  be  paid  to  the  cities  and  towns  in  which 
the  company  is  supplying  gas,  in  proportion  to  the  number 
of  miles  of  mains  in  each  of  such  cities  and  towns. 

SECTION  7.     Whenever  the  company  shall  issue  addi-  ^oard  of^as 
tioiial  stock,  it  shall  be  the  duty  of  the  board  of  gas  and  light  commis- 

1       ,     •       -i  •    i   ,  ..  .,.-..  ,  ,,    sioners  to 

electric  light  commissioners  in  deciding  what  amount  oi  decide  what 
new  stock  is  to  be  authorized,  to  place  a  value  upon  such  stock  may* beew 
new  stock,  which  value  shall  be  stated  in  their  written  de-  lssued- 
cision,  and  before  offering  the  new  shares  to  the  existing 
shareholders  of  the  company,  the  company  shall  offer  the 
new  shares  for  sale  by  public  auction  in  the  city  of  Boston, 
in  such  manner,  at  such  times,  and  subject  to  such  condi- 
tions of  sale  as  the  company  shall  from  time  to  time  deter- 
mine, subject  however,  to  the  approval  of  the  board  of  gas 
and  electric  light  commissioners:  provided,,  that  no  bid  at 
any  such  auction  shall  be  accepted  for  a  price  less  than 
the  value  placed  upon  the  stock  by  the  board  of  gas  and 
electric  light  commissioners  as  aforesaid;   and  provided,  Provisos. 
further,,  that  notice  of  the  proposed  sale  of  said  stock  by 
public  auction  together  with  the  terms  and  conditions  of 
sale  shall  be  published  in  at  least  three  newspapers  in  the 
city  of  Boston  twice  a  week  for  not  less  than  three  succes- 
sive weeks  before  the  day  of  auction. 

SECTION  8.    When  any  stock  which  has  been  offered  for  stock  offered 
sale  by  auction  is  not  sold,  the  same  shall  be  offered  at  the  &  price  &*el& 
price  so  placed  upon  it  by  the  board  of  gas  and  electric  J^the  board, 
light  commissioners  to  the  stockholders  of  the  company, 
in  accordance  with  the  provisions  of  section  thirty  of  chap- 
ter one  hundred  and  nine  of  the  Revised  Laws :  provided,  Provisos. 
that  any  stock  so  offered  and  not  accepted  by  the  stock- 
holders shall  again  be  offered  for  sale  by  public  auction, 
in  accordance  with  the  provisions  of  section  thirty-one  of 
chapter  one  hundred  and  nine  of  the  Revised  Laws;  and 
provided,  further,  that  if  the  new  stock  authorized  does 


164 


BOSTON  SLIDING  SCALE  ACT. 


Regulations 
concerning  the 
lowering  or 
raising  of 
standard  price. 


Certain  pro- 
visions of  law 
not  to  apply, 
etc. 


Time  within 
whjch  act  may 
be  accepted. 


not  exceed  four  per  cent  of  the  existing  capital  stock  of  the 
company  the  same  may  be  sold  in  accordance  with  the 
provisions  of  said  section  thirty-one  without  being  first 
offered  to  the  stockholders. 

SECTION  9.  At  any  time  after  the  expiration  of  ten 
years  from  the  thirtieth  day  of  June  in  the  year  nineteen 
hundred  and  six,  the  board  of  gas  and  electric  light  com- 
missioners shall  have  authority  upon  the  petition  of  the 
company,  or  upon  the  petition  of  the  mayor  of  any  city  or 
of  the  selectmen  of  any  town  in  which  the  company  is 
supplying  gas  to  consumers,  to  lower  or  raise  the  standard 
price  per  thousand  cubic  feet  to  such  extent  as  may  justly 
be  required  by  reason  of  greater  or  less  burdens  which 
may  be  imposed  upon  the  company,  by  reason  of  improved 
methods  in  the  art  of  manufacture,  by  reason  of  changes 
in  the  prices  of  material  and  labor,  or  by  reason  of  changes 
in  other  conditions  affecting  the  general  cost  of  the  manu- 
facture or  distribution  of  gas. 

SECTION  10.  The  provisions  of  sections  thirty-four  and 
thirty-five  of  chapter  one  hundred  and  twenty-one  of  the 
Revised  Laws,  so  far  as  they  relate  to  the  fixing  of  the 
price  of  gas,  shall  not  hereafter  apply  to  the  Boston  Con- 
solidated Gas  Company.  But  nothing  herein  shall  be  con- 
strued as  affecting  any  right  or  liability  which  may  arise 
under  chapter  thirty-four  of  the  Revised  Laws,  or  acts  in 
amendment  thereof  or  in  addition  thereto,  or  under  any 
other  acts  not  inconsistent  herewith. 

SECTION  11.  Unless  the  Boston  Consolidated  Gas  Com- 
pany shall,  by  authority  of  its  board  of  directors,  accept 
the  provisions  of  this  act  within  sixty  days  after  its  pas- 
sage by  a  writing  filed  with  the  board  of  gas  and  electric 
light  commissioners,  this  act  shall  be  void. 

SECTION  12.  This  act  shall  take  effect  upon  its  passage. 

[Approved  May  26,  1906. 


ABATEMENT   OF  SMOKE.  165 


ABATEMENT  OF  SMOKE, 


ACTS  OP  1910,  CHAPTER  651. 

AN    ACT    TO    PROVIDE    FOR    THE    ABATEMENT    OF 
SMOKE  IN  THE  CITY  OF  BOSTON  AND  VICINITY. 

SECTION  1.     In  this  act  unless  the  context  otherwise  Certain  words 

and  terms  de- 

requires :  fined,  etc. 

"  Board  "  means  the  board  of  gas  and  electric  light  com- 
missioners. 

"  District "  means  the  district  to  which  the  provisions 
of  this  act  shall  apply,  to  wit :  —  That  part  of  Boston  har- 
bor lying  westerly  of  a  line  drawn  from  the  southeastern 
point  of  Deer  island  to  the  northeastern  point  of  Long 
island  and  the  territory  comprised  within  the  cities  of 
Boston,  Cambridge,  Somerville,  Everett  and  Chelsea  and 
the  town  of  Brookline. 

"  Chart "  means  Ringelmann's  Smoke  Chart  as  pub- 
lished and  used  by  the  United  States  Geological  Survey. 

"  Stack "  means  any  chimney,  smoke  stack  or  other 
structure  whether  of  brick,  metal  or  other  material  in- 
tended for  the  emission  of  smoke.  Smoke-jacks  on  locomo- 
tive round  houses  shall  be  deemed  stacks  and  a  part  of  the 
locomotive  beneath  them  for  the  time  being. 

For  the  purposes  of  this  act,  stacks  shall  be  classified  as 
follows :  — 

Class  I  includes  all  fixed  or  stationary  stacks  having  an 
inside  area  at  the  top  not  exceeding  the  area  of  a  circle  five 
feet  in  diameter. 

Class  II  includes  all  fixed  or  stationary  stacks  having  an 
inside  area  at  the  top  greater  than  the  area  of  a  circle  five 
feet  in  diameter  but  not  exceeding  the  area  of  a  circle  ten 
feet  in  diameter. 

Class  III  includes  all  fixed  or  stationary  stacks  having 
an  inside  area  at  the  top  greater  than  the  area  of  a  circle 
ten  feet  in  diameter. 

Class  IV  includes  all  stacks  of  vessels  having  an  inside 
area  at  the  top  not  exceeding  the  area  of  a  circle  four  feet 
in  diameter. 


166 


ABATEMENT  OF  SMOKE. 


Limiting  time 
in  which  the 
emission  of 
smoke  may 
be  permitted. 


Proviso. 


Class  V  includes  all  stacks  of  vessels  having  an  inside 
area  at  the  top  greater  than  the  area  of  a  circle  four  feet 
in  diameter. 

Class  VI  includes  all  stacks  on  steam  locomotives. 

SECTION"  2.  The  emission  of  smoke  of  a  degree  of  dark- 
ness or  density  equal  to  No.  2  of  the  chart  or  greater,  for 
more  than  six  minutes  in  any  one  hour  from  stacks  of 
Class  I;  or  of  a  degree  equal  to  No.  3  of  the  chart  or 
greater,  for  more  than  three  minutes  in  any  one  hour  from 
stacks  of  Class  II;  or  of  a  degree  equal  to  No.  2  of  the 
chart  or  greater,  for  more  than  twenty-five  minutes  in  any 
one  hour,  but  not  exceeding  during  said  twenty-five  min- 
utes a  degree  equal  to  No.  3  of  the  chart  or  greater  for 
more  than  five  minutes  from  stacks  of  Class  III;  or  of  a 
degree  equal  to  No.  3  of  the  chart  or  greater  for  more  than 
three  minutes  in  any  one  hour  from  stacks  of  Class  IV, 
for  more  than  five  minutes  in  any  one  hour  from  stacks 
of  Class  V,  and  for  more  than  twenty  seconds  in  any  one 
period  of  five  minutes  from  stacks  of  Class  VI,  is  hereby 
prohibited. 

Provided,  lioivever,  that  during  the  calendar  year  nine- 
teen hundred  and  ten,  smoke  of  a  degree  of  darkness  or 
density  equal  to  No.  3  of  the  chart  or  greater,  may  be 
emitted  for  not  more  than  six  minutes  in  any  one  hour 
from  stacks  of  Cl  ass  I ;  and  smoke  of  a  degree  equal  to 
No.  4  of  the  chart  or  greater,  for  not  more  than  five  min- 
utes in  any  one  hour  from  stacks  of  Class  II,  and  for  not 
more  than  ten  minutes  in  any  one  hour  from  stacks  of 
Class  III,  and  for  not  more  than  nine  minutes  in  any  one 
hour  from  stacks  of  Class  IV,  and  for  not  more  than 
twelve  minutes  in  any  one  hour  from  stacks  of  Class  V; 
and  of  a  degree  equal  to  No.  3  of  the  chart  or  greater  for 
not  more  than  forty  seconds  in  any  one  period  of  five  min- 
utes from  stacks  of  Class  VI ;  and  during  the  calendar  year 
nineteen  hundred  and  eleven,  smoke  of  a  degree  of  dark- 
ness or  density  equal  to  No.  3  of  the  chart  or  greater  may 
be  emitted  for  not  more  than  four  minutes  in  any  one  hour 
from  stacks  of  Class  I,  and  for  not  more  than  ten  minutes 
in  any  one  hour  from  stacks  of  Class  II ;  and  of  a  degree 
equal  to  No.  3  of  the  chart  or  greater  for  not  more  than 
twenty  minutes  in  any  one  hour,  but  not  exceeding  during 
said  twenty  minutes  a  degree  equal  to  No.  4  of  the  chart 
or  greater  for  more  than  five  minutes  from  stacks  of  Class 


ABATEMENT   OF  SMOKE.  167 

III ;  and  of  a  degree  equal  to  No.  3  of  the  chart  or  greater 
for  not  more  than  twelve  minutes  in  any  one  hour  from 
stacks  of  Class  IV.  and  for  not  more  than  fifteen  minutes 
in  any  one  hour  from  stacks  of  Class  V,  and  for  not  more 
than  thirty  seconds  in  any  one  period  of  five  minutes  from 
stacks  of  Class  VI ;  arid  during  the  calendar  year  nineteen 
hundred  and  twelve,  smoke  of  a  degree  of  darkness  or 
density  equal  to  No.  2  of  the  chart  or  greater,  may  be 
emitted  for  not  more  than  eight  minutes  in  any  one  hour 
from  stacks  of  Class  I ;  and  of  a  degree  equal  to  No.  3  of 
the  chart  or  greater,  for  not  more  than  six  minutes  in  any 
one  hour  from  stacks  of  Class  II ;  and  of  a  degree  equal  to 
No.  2  of  the  chart  or  greater  for  not  more  than  thirty  min- 
utes in  any  one  hour,  but  not  exceeding  during  said  thirty 
minutes  a  degree  equal  to  No.  3  of  the  chart  or  greater 
for  more  than  ten  minutes  from  stacks  of  Class  III ;  and 
of  a  degree  equal  to  No.  3  of  the  chart  or  greater  for  not 
more  than  seven  minutes  in  any  one  hour  from  stacks  of 
Class  IV,  and  for  not  more  than  nine  minutes  in  any  one 
hour  from  stacks  of  Class  V. 

And  provided  further,  that  stacks  of  locomotives,  mov-  proviso, 
ing  trains  of  six  cars  or  more,  be  permitted  to  emit  smoke 
in  any  five-minute  period  for  ten  seconds  in  excess  of  that 
already  provided  for  in  this  act,  and  that  stacks  of  Class 
VI,  in  and  about  round  houses,  may  emit  smoke  for  thirty 
minutes  during  the  period  when  the  fire  is  being  built,  or 
rebuilt  after  cleaning.  The  number  of  minutes  or  seconds 
during  which  smoke  may  be  emitted  in  any  period  as  pro- 
vided in  this  section  shall  be  deemed  to  mean  the  aggregate 
number  of  minutes  or  seconds,  and  such  minutes  or  seconds 
need  not  be  consecutive. 


168 


ABATEMENT   OF  SMOKE. 


Table  showing   TABLE  SHOWING  THE  DENSITY  OF  SMOKE,  IN  ACCORDANCE  WITH  THE  RINGEL- 
densityof  MANN  CHART,  WHICH  MAT  BE  EMITTED  FROM  THE  VARIOUS  CLASSES  OF 

Q°    6'  STACKS  AS  PROVIDED  IN  SECTION  2,  AND  THE  DURATION  OF  SUCH   EMISSION. 


CLASSES 

i 

2 

3 

4 

Chart 
No. 

Mine. 

Chart 
No. 

Mins. 

Chart  No. 

Mins. 

Chart 
No. 

Mins. 

1910  . 
1911  . 

1912  . 
1913  . 

3 
3 

2 

2 

6 
4 

8 
6 

4 
3 

3 
3 

5 
10 

6 
3 

4 
3 
including 

2 
including 
3 

2 

including 
3 

10 
20 
including 
5 

30 
including 
10 

25 
including 
5 

4 
3 

3 
3 

9 
12 

7 
3 

CLASSES 

5 

6 

LOCOMOTIVES  MOVING 
TEAINS  OF  Six  CARS  OR 
MORE. 

Chart  No. 

Mins. 

Chart  No 

No.  seconds 
in  5-minute 
periods. 

No.  seconds 
Chart  No.      in  5-minute 
periods. 

1910    . 
1911   . 
1912   . 
1918',       > 

4 
3 
3 
3 

12 
15 
9 
5 

3 
3 
3 

40 
30 
20 

20 

3                     50 
3                     40 
3                      30 
3                     30 

fnspector,              SECTION  3.     The  board  shall  appoint  a  smoke  inspector 
appointment,     who  shall  not  engage  in  any  other  business,  and  such  dep- 

The  board  of 
gas  and  elec- 
tric light 
commissioners 
to  enforce 
provisions 
of  act. 


uty  inspectors  as  it  may  think  proper,  who  shall  be  sworn 
to  the  faithful  performance  of  their  duties  and  shall  hold 
office  during  the  pleasure  of  the  board.  The  board  may 
also  employ  such  clerks,  stenographers  and  other  office 
employees  as  it  may  deem  necessary,  and  may  expend 
for  necessary  office  rent,  books,  stationery,  travel  and  other 
expenses  incidental  to  the  performance  of  the  duties  im- 
posed by  this  act,  such  sum  as  the  legislature  shall  annually 
appropriate.  The  compensation  of  inspectors,  deputy  in- 
spectors and  all  other  employees  shall  be  fixed  by  the  board, 
subject  to  the  approval  of  the  governor  and  council.  All 
salaries  and  other  expenses  provided  for  by  this  act  shall  be 
paid  by  the  commonwealth,  which  shall  be  reimbursed  as 
hereinafter  provided. 

SECTION  4.  It  shall  be  the  duty  of  the  board  to  enforce 
the  provisions  of  this  act,  to  investigate  all  complaints 
made  with  reference  to  any  violations  thereof,  and  in  its 
discretion,  to  order  any  person  or  corporation  complained 


ABATEMENT   OF   SMOKE.  169 


of  to  comply  with  the  provisions  of  this  act,  and  to  enforce 
such  orders  by  legal  proceedings.  The  board  shall  make 
an  annual  report  to  the  general  court  of  its  doings  with 
such  recommendations  as  to  legislative  action  or  state 
policy  as  it  may  deem  advisable.  The  board,  with  the  ap- 
proval of  the  governor  and  council,  may  make  such  rules 
and  regulations  as  it  deems  advisable  for  its  own  govern- 
ment, for  the  government  of  its  employees  and  assistants, 
for  the  observation  of  smoke  by  the  inspector  or  his  duly 
authorized  agents  at  reasonable  intervals,  and  for  keeping 
proper  records  of  all  observations.  Such  observations  and 
records  shall  be  open  to  public  inspection  at  reasonable 
times  and  under  reasonable  regulations. 

SECTION  5.    It  shall  be  the  duty  of  the  smoke  inspector,  Duties  of 
by  himself  and  his  assistants,  to  assist  the  board  in  the  per-  inspector. 
formance  of  its  duties,  in  such  manner  as  the  board  shall 
direct,  to  investigate  complaints  as  to  violations  of  this  act, 
to  collect  evidence  in  regard  to  the  same  and  present  such 
evidence  to  the  board  for  action. 

SECTION  6.  The  board  shall  have  power,  after  notice  Powers  of  the 
and  a  hearing,  to  order  any  person  or  corporation  having 
control  of  the  operation  of  the  stack,  other  than  an  em- 
ployee,  to  stop  or  abate  the  emission  of  smoke  in  violation 
of  this  act.  Such  notice  shall  be  in  writing  and  may  be 
served  personally  upon  such  person  or  corporation,  or  duly 
authorized  agent  by  any  person  authorized  by  the  board 
to  make  such  service,  and  in  the  manner  provided  by  the  . 
laws  of  the  commonwealth  for  the  service  of  writs  return- 
able to  the  superior  court.  Such  notice  shall  be  served  at 
least  forty-eight  hours  before  the  time  fixed  for  the  hear- 
ing, and  a  copy  of  the  order  or  decree  of  the  board,  shall 
in  like  manner  be  served  upon  such  person  or  corpora- 
tion or  duly  authorized  agent  within  twenty-four  hours 
after  the  same  shall  be  made  by  the  board.  In  the  event 
of  violation,  a  copy  of  the  observation  made  in  accordance 
with  section  four  shall  be  mailed  within  twenty-four  hours 
to  the  person  or  corporation  having  control  of  the  operation 
of  the  stack,  and  an  additional  copy  shall  be  delivered  upon 
the  premises,  as  soon  as  is  practicable  to  the  employee  hav- 
ing charge  of  the  stack,  unless  it  is  otherwise  requested  in 
writing  by  any  such  person  or  corporation. 

SECTION  7.     Any  person  or  corporation  violating  any  Penalty,  etc. 
order  of  the  board  shall  be  guilty  of  a  misdemeanor  and 
may  be  punished  by  a  fine  of  not  less  than  ten  nor  more 


170 


ABATEMENT   OF   SMOKE. 


Temporary 
permits  may 
be  granted, 
etc. 


Apportion- 
ment of 
expense,  etc. 


Repeal,  etc. 


than  fifty  dollars  for  the  first  offence  and  not  less  than 
twenty  nor  more  than  one  hundred  dollars  for  every  suc- 
ceeding offence.  No  person  or  corporation  shall  be  deemed 
guilty  in  accordance  herewith,  unless  the  observations, 
used  as  evidence  at  the  trial,  shall  be  made  as  provided  in 
section  four.  The  superior  court  sitting  in  equity,  on  peti- 
tion of  the  board  or  any  person  authorized  by  the  board, 
shall  have  jurisdiction  to  restrain  violations  of  this  act 
during  the  prosecution  of  any  proceeding  at  law  for  the 
enforcement  of  any  order  of  the  board. 

SECTION  8.  Temporary  permits  for  the  emission  of 
smoke,  covering  periods  not  exceeding  six  months  from 
June  first,  nineteen  hundred  and  ten,  may  be  granted  by 
the  board  to  any  person  duly  applying  for  the  same  and 
satisfying  the  board  that  he  will  make  changes  or  improve- 
ments to  prevent  the  emission  of  smoke  in  violation  of  the 
provisions  hereof.  But  after  December  first,  nineteen  hun- 
dred and  ten,  no  further  permits  shall  be  granted  unless 
the  board  is  satisfied  that  public  convenience  requires  it, 
and  permits  so  granted  shall  be  for  a  period  not  exceeding 
six  months. 

SECTION  9.  The  board  shall  annually  estimate  the  ex- 
pense of  carrying  this  act  into  effect  for  the  ensuing  year 
and  shall  certify  the  same  to  the  treasurer  of  the  common- 
wealth who  shall  apportion  said  expense  among  the  cities 
and  towns  comprised  in  the  district  in  proportion  to  the 
amount  of  their  state  tax,  and  the  treasurer  shall  annually 
notify  each  city  and  town  of  the  amount  to  be  paid  by  it, 
and  the  same  shall  be  paid  by  such  city  or  town  into  the 
treasury  of  the  commonwealth  at  the  time  required  for  the 
payment  of,  and  as  a  part  of,  its  state  tax. 

SECTION  10.  All  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed,  and  this  act  shall  take  effect 
on  the  first  day  of  July,  nineteen  hundred  and  ten.  [Ap- 
proved June  15,  1910. 


SPECIAL  LAWS.  171 


A  TABLE  OF  SPECIAL  LAWS 


RELATING  TO  THE 


MANUFACTURE  AND  SALE  OF  GAS  AND  ELECTRICITY, 


1822. 

C.     41.  —  An  Act  to  incorporate  the  Boston  Gas  Light  Company. 

1825. 

C.     29. —  An  Act  to  incorporate  the  Massachusetts  Gas  Light  Company. 

1833. 
C.  202.  —  An  Act  to  incorporate  the  Lowell  Gas  Light  Company. 

1836. 

C.     17. —  An  Act  in  Addition  to  an  Act  entitled  "An  Act  to  incorporate 
the  Boston  Gas  Light  Company." 

1837. 
C.     74. —  An  Act  in  Addition  to  "An  Act  to  incorporate  the  Boston  Gas 

Light  Company." 
C.     91.  —  An  Act  to  incorporate  the  Lowell  Gas  Company. 

1846. 

C.     36.  —  An  Act  to  incorporate  the  Tremont  Gas  Light  Company. 
C.     37.  —  An  Act  to  incorporate  the  Lowell  Gas  Company. 
C.     98.  —  An  Act  to  incorporate  the  Charlestown  Gas  Company. 

1847. 

C.     15.  —  An  Act  to  incorporate  the  Springfield  Gas  Light  Company. 
C.     21.  —  An  Act  to  incorporate  the  Massachusetts  Solar  Gas  and  Foundry 

Company. 
C.     67.  —  An  Act  to  incorporate  the  Salem  Gas  Light  Company. 

1848. 

C.     20.  —  An  Act  to  incorporate  the  Sylvic  Gas  Light  Company. 
C.     38.  —  An   Act   authorizing  the  Massachusetts   Solar   Gas   and   Foundry 
Company  to  change  its  Name. 


172  SPECIAL  LAWS. 


1849. 

C.     17.  —  An  Act  to  incorporate  the  Lawrence  Gas  Company. 
C.  234.  —  An  Act  to  incorporate  the  Lowell  Gas  Light  Company. 

185O. 

C.     29.  —  An  Act  to  incorporate  the  Worcester  Gas  Light  Company. 
C.  144.  —  An  Act  to  incorporate  the  New  Bedford  Gas  Light  Company. 
C.  147.  —  An  Act  to  incorporate  the  Newburyport  Gas  Company. 
C.  202.  —  An  Act  to  incorporate  the  Suffolk  Gas  Company. 
C.  237.  —  An  Act  in  Addition  to  an  Act  to  incorporate  the  Worcester  Gas 
Light  Company. 

1851. 
C.  159.  —  An  Act  to  incorporate  the  Worcester  Gas  Light  Company. 

1852. 

C.     36.  —  An  Act  to  incorporate  the  Cambridge  Gas  Light  Company. 
C.  102.  —  An  Act  to  incorporate  the  Winchester  Gas  Light  Company. 
C.  103.  —  An  Act  to  incorporate  the  South  Boston  Gas  Light  Company. 
C.  109.  —  An  Act  to  increase  the  Capital   Stock  of  the  Boston  Gas  Light 

Company. 

C.  179.  —  An  Act  to  incorporate  the  Chelsea  Gas  Light  Company. 
C.  198.  —  An  Act  to  incorporate  the  Roxbury  Gas  Light  Company. 
C.  208.  —  An  Act  to  incorporate  the  "  Fitchburg  Gas  Company." 
C.  300.  —  An  Act  in  Addition  to  an  Act  entitled  "  An  Act  to  incorporate 

the  Chelsea  Gas  Light  Company." 

1853. 

C.       3.  —  An  Act  to  incorporate  the  Taunton  Gas  Light  Company. 
C.       8.  —  An  Act  to  incorporate  the  Haverhill  Gas  Light  Company. 
C.     13.  —  An  Act  to  incorporate  the  East  Boston  Gas  Company. 
C.     17.  —  An  Act  to  incorporate  the  Brookline  Gas  Light  Company. 
C.     18.  —  An  Act  to  incorporate  the  Gloucester  Gas  Light  Company. 
C.     21.  —  An  Act  to  incorporate  the  Pittsfield  Coal  Gas  Company. 
C.     24.  —  An   Act   to   authorize   the   Charlestown    Gas    Company  to   extend 

their  Pipes  and  Conductors  into  the  Town  of  Somerville. 
C.     29.  —  An  Act  to  incorporate  the  Brighton  Gas  Light  Company. 
C.     35.  —  An  Act  to  incorporate  the  Lynn  Gas  Light  Company. 
C.     39.  —  An  Act  to   authorize  the   Salem  Gas  Light   Company  to  extend 

their  Pipes. 

C.     50.  —  An  Act  to  incorporate  the  Ware  Gas  Light  Company. 
C.     51.  —  An  Act  to  incorporate  the  Pawtucket  Gas  Light  Company. 


SPECIAL  LAWS.  173 

C.     59.  —  An  Act  to  incorporate  the  Northampton  Gas  Light  Company. 

C.     63.  —  An  Act  to  incorporate  the  Jamaica  Plain  Gas  Light  Company. 

C.     68.  —  An  Act  to  incorporate  the  Dedham  Gas  Light  Company. 

C.  118.  —  An  Act  to  incorporate  the  Waltham  Gas  Light  Company. 

C.  128.  —  An  Act  to  incorporate  the  Plymouth  Gas  Light  Company. 

C.  137.  —  An  Act  to  authorize  the  Cambridge  Gas  Light  Company  to  extend 

their  Gas  Pipes  into  the  Town  of  Somerville. 
C.  163.  —  An  Act  to  authorize  the  Haverhill  Gas  Light  Company  to  extend 

their  Gas  Pipes  into  the  Town  of  Bradford. 
C.  320.  —  An  Act  to  authorize  the   South  Boston   Gas  Light   Company  to 

extend  their  Gas  Pipes  into  the  Town  of  Dorchester. 
C.  395.  —  An  Act  to  incorporate  the  American  Gas  Light  Company. 

1854. 

C.       5.  —  An  Act  to  incorporate  the  Quincy  Gas  Light  Company. 

C.       9.  —  An  Act  to  incorporate  the  Dorchester  Gas  Light  Company. 

C.     19.  —  An  Act  to  incorporate  the  Nantucket  Gas  Light  Company. 

C.  21.  —  An  Act  to  incorporate  the  Salisbury  and  Amesbury  Gas  Light 
Company. 

C.     35.  —  An  Act  to  incorporate  the  Marblehead  Gas  Light  Company. 

C.  43.  —  An  Act  to  incorporate  the  Maiden  and  Melrose  Gas  Light  Com- 
pany. 

C.  44.  —  An  Act  to  incorporate  the  Newton  and  Watertown  Gas  Light 
Company. 

C.     62.  —  An  Act  to  incorporate  the  Clinton  Gas  Light  Company. 

C.  99.  —  An  Act  to  incorporate  the  New  England  Gas  Regulator  Manu- 
facturing Company. 

C.  104.  —  An  Act  in  Addition  to  an  Act  to  incorporate  the  Brookline  Gas 
Light  Company. 

C.  194.  —  An  Act  to  incorporate  the  Provincetown  Gas  Light  Company. 

C.  203.  —  An  Act  to  incorporate  the  Medford  Gas  Light  Company. 

C.  207.  —  An  Act  to  incorporate  the  West  Cambridge  Gas  Light  Company. 

C.  211.  —  An  Act  to  incorporate  the  Woburn  Gas  Light  Company. 

C.  212.  —  An  Act  to  incorporate  the  Greenfield  Gas  Light  Company. 

C.  242.  —  An  Act  to  incorporate  the  Milford  Gas  Light  Company. 

C.  247.  —  An  Act  to  incorporate  the  Boston  Gas  Meter  Manufacturing  Com- 
pany. 

C.  291.  —  An  Act  to  incorporate  the  Somerville  Gas  Light  Company. 

C.  321.  —  An  Act  to  incorporate  the  Shawmut  Gas  Light  Company  in  the 
City  of  Boston. 

C.  443.  —  An  Act  to  unite  the  Maiden  Gas  Light  Company  and  the  Med- 
ford Gas  Light  Company. 


174  SPECIAL   LAWS. 


1855. 

C.  357.  —  An  Act  to  unite  the  Shawmut  Gas  Light  Company  and  the  Suf- 
folk Gas  Company. 

1856. 

C.  8.  —  An  Act  authorizing  an  Increase  of  the  Capital  Stock  of  the  Law- 
rence Gas  Company. 

C.  194.  —  An  Act  authorizing  the  Fitehburg  Gas  Company  to  supply  the 
Inhabitants  of  Fitehburg  with  Water. 

C.  242.  —  An  Act  to  repeal  "  An  Act  to  incorporate  the  Tremont  Gas  Light 
Company." 

C.  280.  —  An  Act  in  Addition  to  an  Act  to  incorporate  the  Maiden  and 
Melrose  Gas  Light  Company. 

1857. 
C.       4.  —  An  Act  to  increase  the   Capital  Stock  of  the  New  Bedford  Gas 

Light  Company. 
C.  137.  —  An  Act  relating  to  the  Roxbury  Gas  Light  Company. 

1859. 

C.  45.  —  An  Act  to  incorporate  the  Reading  and  Stoneham  Gas  Light 
Company. 

I860. 

C.  22.  —  An  Act  authorizing  an  Increase  of  the  Capital  Stock  of  the  Chel- 
sea Gas  Light  Company. 

C.  28.  —  An  Act  to  incorporate  the  Union  Gas  Light  Company  in  Attle- 
borough. 

C.     36.  —  An  Act  to  incorporate  the  Citizens'  Gas  Light  Company  of  Quincy. 

C.  66.  —  An  Act  to  authorize  the  Charlestown  Gas  Company  to  extend 
their  Pipes  and  Conductors  into  the  Town  of  Medford. 

C.  94.  —  An  Act  to  authorize  the  Newton  and  Watertown  Gas  Light  Com- 
pany to  extend  their  Pipes  into  the  Town  of  Brighton. 

C.  151.  —  An  Act  to  amend  an  Act  in  Addition  to  an  Act  to  incorporate  the 
Brookline  Gas  Company. 

C.  177.  —  An  Act  relating  to  the  Roxbury  Gas  Light  Company. 

C.  204.  —  An  Act  to  authorize  the  West  Cambridge  Gas  Light  Company  to 
extend  their  Pipes  and  Conductors  into  the  Towns  of  Win- 
chester and  Belmont. 

1861. 

C.     26.  —  An  Act  to  incorporate  the  Milton  Gas  Light  Company. 
C.     41.  —  An  Act  to  incorporate  the  North  Adams  Gas  Light  Company. 
C.     56.  —  An  Act  to  incorporate  the  Abington  Gas  Light  Company. 
C.     68.  —  An  Act  to  incorporate  the  Natick  Gas  Light  Company. 


SPECIAL   LAWS.  175 


1862. 

C.  99.  —  An  Act  to  increase  the  Capital  Stock  of  the  Boston  Gas  Light 
Company. 

1863. 

C.     37.  —  An   Act   to   increase   the   Capital   Stock   of   the    Springfield   Gas 

Light  Company. 
C.  195.  —  An  Act  concerning  the  Maiden  and  Melrose  Gas  Light  Company. 

1864. 

C.     56.  —  An  Act  concerning  the  Milton  Gas  Light  Company  and  the  Dor- 
chester Gas  Light  Company. 
C.     57.  —  An  Act  to  incorporate  the  North  Adams  Gas  Light  Company. 

1865. 

C.     25.  —  An  Act  to  incorporate  the  Marlborough  Gas  Light  Company. 

1866. 

C.  27.  —  An  Act  to  increase  the  Capital  Stock  of  the  Worcester  Gas  Light 
Company. 

1867. 

C.  61.  —  An  Act  authorizing  an  Increase  of  the  Capital  Stock  of  the  Law- 
rence Gas  Company. 

C.  62.  —  An  Act  to  incorporate  the  Manufacturers'  Gas  Company  of  Fall 
River. 

C.  114.  —  An  Act  to  authorize  the  East  Boston  Gas  Company  to  increase 
its  Capital  Stock. 

C.  135.  —  An  Act  to  incorporate  the  Union  Gas  Light  Company. 

C.  221.  —  An  Act  to  change  the  Names  of  Certain  Corporations  in  the  Town 
of  West  Cambridge. 

1868. 

C.  47.  —  An  Act  to  authorize  the  Roxbury  Gas  Light  Company  to  increase 
its  Capital  Stock. 

C.  191.  —  An  Act  authorizing  the  Cambridge  Gas  Light  Company  to  in- 
crease its  Capital  Stock. 

C.  243.  —  An  Act  in  Addition  to  "  An  Act  to  incorporate  the  Dedham  Gas 
Light  Company." 

1869. 

C.     25.  —  An  Act  to  increase  the  Capital  Stock  of  the  Worcester  Gas  Light 

Company. 
C.     46.  —  An  Act  authorizing  the  Chelsea  Gas  Light  Company  to  increase 

its  Capital  Stock. 


176  SPECIAL  LAWS. 

C.    51.  —  An  Act  to  increase  the   Capital   Stock  of  the   Charlestown   Gas 

Company. 
C.     52. —  An  Act  to  increase  the  Capital  Stock  of  the  Jamaica  Plain  Gas 

Light  Company. 
C.  119.  —  An  Act  to   authorize  the   Northampton   Gas  Light   Company   to 

increase  its  Capital  Stock. 
C.  327.  —  An  Act  to  authorize  the  Boston  Gas  Light  Company  to  construct 

Pile  Wharves. 

187O. 

C.  89.  —  An  Act  to  authorize  the  Dorchester  Gas  Light  Company  to  in- 
crease its  Capital  Stock. 

C.  123.  —  An  Act  to  incorporate  the  Amherst  Gas  Light  Company. 

C.  124.  —  An  Act  to  authorize  the  Springfield  Gas  Light  Company  to  in- 
crease its  Capital  Stock  and  to  hold  Additional  Real  Estate. 

1871. 

C.  28.  —  An  Act  to  authorize  the  Worcester  Gas  Light  Company  to  in- 
crease its  Capital  Stock. 

C.  101.  —  An  Act  to  authorize  the  Salem  Gas  Light  Company  to  increase 
its  Capital  Stock. 

C.  119.  —  An  Act  to  increase  the  Capital  Stock  of  the  Lowell  Gas  Company. 

C.  155.  —  An  Act  in  Addition  to  an  Act  to  increase  the  Capital  Stock  of 
the  Lowell  Gas  Company. 

C.  292.  —  An  Act  to  change  the  Name  of  the  Dedham  Gas  Light  Company. 

1872. 

C.  1.  —  An  Act  to  authorize  the  Cambridge  Gas  Light  Company  to  in- 
crease its  Capital  Stock. 

C.  63.  —  An  Act  to  authorize  the  Lawrence  Gas  Company  to  increase  its 
Capital  Stock. 

C.  67.  —  An  Act  to  extend  the  Time  for  organizing  the  Amherst  Gas  Light 
Company. 

C.  149.  —  An  Act  to  authorize  the  Chelsea  Gas  Light  Company  to  increase 
its  Capital  Stock. 

1873. 

C.  52.  —  An  Act  in  Addition  to  an  Act  to  incorporate  the  Holyoke  Water 
Power  Company. 

C.  112.  —  An  Act  to  amend  the  Charter  of  the  Lynn  Gas  Light  Company. 

C.  151.  —  An  Act  to  legalize  Certain  Acts  and  Proceedings  of  the  Lynn  Gas 
Light  Company. 

C.  188.  —  An  Act  in  Addition  to  an  Act  concerning  the  Brookline  Gas  Light 
Company. 

C.  243.  —  An  Act  authorizing  an  Increase  of  the  Capital  Stock  of  the  Manu- 
facturers' Gas  Company  of  Fall  River. 


SPECIAL  LAWS.  177 


1874. 

C.  93.  —  An  Act  in  Addition  to  an  Act  incorporating  the  Boston  Gas  Light 
Company. 

1877. 
C.     49.  —  An  Act  to  amend  the  Charter  of  the  Lawrence  Gas  Company. 

1880. 

C.  164.  —  An  Act  to  incorporate  the  Manufacturers'  Gas  Light  Company  of 
Fall  River. 

1881. 

C.  12.  —  An  Act  to  authorize  the  Peabody  and  Victoria  Mills  to  open  Cer- 
tain Streets  in  Newburyport  for  the  purpose  of  laying  Gas 
Pipes. 

C.  108.  —  An  Act  to  authorize  the  Newton  and  Watertown  Gas  Light  Com- 
pany to  lay  Pipes  in  Weston  and  Needham  and  to  increase  its 
Capital  Stock. 

1882. 

C.  38.  —  An  Act  to  change  the  Name  of  the  North  Bridgewater  Gas  Light 
Company. 

1883. 

C.  205.  —  An  Act  in  relation  to  the  Maiden,  Medf ord  and  Melrose  Gas 
Light  Company. 

1884. 

C.  130.  —  An  Act  to  authorize  the  North  Attleborough  Gas  Light  Company 
to  lay  Pipes  in  Wrentham,  and  to  increase  its  Capital  Stock. 

1886. 

C.  159.  —  An  Act  to  authorize  the  South  Boston  Gas  Light  Company  to  in- 
crease its  Capital  Stock. 

C.  181.  —  An  Act  granting  Additional  Powers  to  the  Cottage  City  Gas 
Company. 

C.  206.  —  An  Act  to  change  the  Name  of  the  iDedham  and  Hyde  Park  Gas 
Company  to  the  Dedham  and  Hyde  Park  Gas  and  Electric 
Light  Company,  and  to  authorize  Said  Corporation  to  furnish 
Electric  Light. 

.C.  225.  —  An  Act  to  grant  Additional  Powers  to  the  Marblehead  Gas  Light 
Company,  and  to  change  its  Name. 

C.  243.  —  An  Act  to  incorporate  the  Milford  Electric  Light  and  Power 
Company. 

C.  255.  —  An  Act  to  authorize  the  Chelsea  Gas  Light  Company  to  hold 
Additional  Real  Estate,  and  to  lay  Pipes  and  furnish  Gas  in 
the  Town  of  Revere. 


178  SPECIAL  LAWS. 

C.  272.  —  An  Act  to  authorize  the   Charlestown   Gas   Company  to  furnish 

Electric  Light. 
C.  349.  —  An  Act  to  authorize  the  Woburn  Gas  Light  Company  to  furnish 

Electric  Light. 

1887. 

C.  172.  —  An  Act  to  authorize  the  Milford  Electric  Light  and  Power  Com- 
pany to  increase  its  Capital  Stock. 

C.  154.  —  An  Act  to  authorize  the  Clinton  Gas  Light  Company  to  increase 
its  Capital  Stock  and  to  furnish  Gas  to  the  Inhabitants  of  the 
Town  of  Lancaster. 

C.  372.  —  An  Act  in  Relation  to  the  Dorchester  Gas  Light  Company. 

1888. 

C.  117.  —  An  Act  to  incorporate  the  Vineyard  Haven  Gas  and  Electric  Com- 
pany. 

C.  252.  —  An  Act  consolidating  the  Lynn  Gas  Light  Company  and  the  Lynn 
Electric  Lighting  Company. 

C.  427.  —  An  Act  in  Relation  to  the  Bay  State  Gas  Company. 

1889. 

C.     96.  —  An  Act  to  change  the  Name  of  the  Newburyport  Gas  Company. 

C.  138.  —  An  Act  to  change  the  Name  of  the  Marlborough  Schuyler  Electric 
Light  Company. 

C.  200.  —  An  Act  to  authorize  the  Ludlow  Manufacturing  Company  to  sup- 
ply the  Town  of  Ludlow  with  Water  and  with  Electricity  for 
Lighting  and  Other  Purposes. 

C.  295.  —  An  Act  granting  Additional  Powers  to  the  New  Bedford  Gas 
Light  Company. 

C.  355.- — An  Act  to  incorporate  the  New  England  Electric  Exchange. 

189O. 

C.     14.  —  An  Act  to  change  .the  Name  of  the  Mutual  Gas  Light  Company 

of  Southbridge. 
C.     45.  —  An  Act  to  authorize  the  Woonsocket  Electric  Machine  and  Power 

Company  of  Rhode  Island  to   erect  and  maintain  Poles   and 

Wires  and  furnish  Electric  Light  and  Power  in  the  Town  of 

Blackstone  in  the  State  of  Massachusetts. 
C.     96.  —  An  Act  to  authorize  the  Edison  Electric  Illuminating  Company 

of  Boston  to  increase  its  Capital  Stock. 
C.  152.  —  An  Act  to  authorize  the  Edison  Electric  Illuminating  Company 

of  New  Bedford  to  dispose  of  its  Property  and  Franchises  to 

the  New  Bedford  Gas  Light  Company. 


SPECIAL   LAWS.  179 

C.  244.  —  An  Act  to  authorize  the  Greenfield  Electric  Light  and  Power  Com- 
pany to  mortgage  its  Property  and  Franchises. 

C.  345.  —  An  Act  to  authorize  the  Boston  Electric  Light  Company  to  in- 
crease its  Capital  Stock. 

1891. 

C.  46.  —  An  Act  to  authorize  the  New  Bedford  Gas  Light  Company  to 
change  its  Corporate  Name. 

C.  279.  —  An  Act  to  authorize  the  Great  Barrington  Gas  Light  Company 
to  dispose  of  its  Property  and  Franchises  to  the  Great  Bar- 
rington Electric  Light  Company. 

C.  378.  —  An  Act  to  legalize  the  Action  of  the  Town  of  Danvers  in  estab- 
lishing an  Electric  Light  Plant,  and  to  authorize  said  Town 
to  generate  and  distribute  Electric  Light  and  Power. 

1892. 

C.  227.  —  An  Act  to  authorize  the  Edison  Electric  Illuminating  Company 
of  Boston  to  increase  its  Capital  Stock. 

C.  387.  —  An  Act  to  authorize  the  Town  of  Whitman  to  purchase  Land 
and  Water  Rights  in  the  Town  of  East  Bridgewater  for  an 
Electric  Light  Plant,  and  to  furnish  Electric  Light  to  the  Last- 
named  Town. 

1893. 

C.  390.  —  An  Act  to  authorize  the  Woonsocket  Electric  Machine  and  Power 
Company  of  Rhode  Island  to  erect  and  maintain  Poles  and 
Wires  and  furnish  Electric  Light  and  Power  in  the  Towns  of 
Bellingham  and  Franklin. 

C.  474.  —  An  Act  relating  to  the  Bay  State  Gas  Company. 

1894. 

C.  45.  —  An  Act  to  authorize  the  Town  of  Wellesley  to  lease  the  Right 
to  attach  Electric  Wires  to  Poles  maintained  by  Said  Town. 

C.  454.  —  An  Act  relating  to  Wires  and  Electrical  Appliances  in  the  City 
of  Boston. 

C.  518.  —  An  Act  to  authorize  the  Brookline  Gas  Light  Company  to  in- 
crease its  Capital  Stock. 

1895. 

C.  154.  —  An  Act  to  authorize  the  Springfield  Gas  Light  Company  to  hold 
Real  Estate  and  to  lay  Pipes  and  furnish  Gas  in  the  Town  of 
West  Springfield. 

C.  166.  —  An  Act  relative  to  the  Regulation  and  Supervision  of  Wires  over 
Streets  or  Buildings  in  the  Town  of  Brookline. 

C.  309.  —  An  Act  to  incorporate  the  Hoosac  Electric  Power  Company. 


180  SPECIAL   LAWS. 

C.  336.  —  An  Act  to  authorize  the  Edison  Electric  Illuminating  Company  of 
Brockton  to  extend  its  Pipes,  Mains,  Conduits  or  Wires  into 
Certain  Towns. 

C.  405.  —  An  Act  to  authorize  the  Brookline  Gas  Light  Company  to  lay  its 
Pipes  to  and  across  Fort  Point  Channel. 

1896. 

C.  143.  —  An  Act  to  authorize  the  Edison   Electric  Illuminating  Company 

of  Fall  River  to  dispose  of  its  Property  and  Franchise  to  the 

Fall  River  Electric  Light  Company. 
C.  386.  —  An  Act   to  authorize  the  United   Electric  Light   Company  to   do 

Business  in  Adjoining  Cities  and  Towns,  to  hold  Certain  Stock 

and  to  issue  Bonds. 
C.  387.  — An  Act  to  repeal   Chapter  Forty-five  of  the  Acts  of  the  Year 

Eighteen    Hundred    and    Ninety,    relative   to    the    Woonsocket 

Electric  Machine  and  Power  Company. 
C.  537.  —  An  Act  to  incorporate  the  Massachusetts  Pipe  Line  Gas  Company. 

1897. 

C.  217.  —  An  Act  to  incorporate  the  Barre  Street  Railway  Company. 
C.  265.  —  An  Act  relative  to  the  Licensing  of  Gas  Fitters  and  to  the  Super- 
vision of  the  Business  of  Gas  Fitting  in  the  City  of  Boston. 

1898. 

C.     96.  —  An  Act  to  authorize  the  Springfield  Gas  Light  Company  to  hold 

Real  Estate  and  to  lay  Pipes  and  furnish  Gas  in  the  Town 

of  Longmeadow. 

C.  123.  —  An  Act  relative  to  the  Electric  Loan  of  the  Town  of  Danvers. 
C.  143.  —  An  Act  to  authorize  the  Town  of  Hudson  to  furnish  Gas  and 

Electricity  for  Light,  Heat  and  Power  to  the  Town  of  Stow 

and  its  Inhabitants. 
C.  170.  —  An  Act  to  provide  for  the  Rearrangement  and  Increase  of  the 

Heating,  Lighting  and  Power  Plant  at  the  House  of  Correction 

in  Cambridge. 

C.  223.  —  An  Act  to  authorize  the  Mansfield  Water  Supply  District  to  fur- 
nish Electricity  for  Light  and  Power. 
C.  249.  —  An  Act  to  provide  for  removing  or  placing  underground  Certain 

Wires  and  Electrical  Appliances  in  the  City  of  Boston. 
C.  268.  —  An  Act  to  facilitate  the  Inspection  of  Wires  in  Buildings  in  the 

City  of  Boston. 
C.  272.  —  An  Act  to  authorize  the  Establishment  of  a  Public  Lighting  Plant 

in  the  Town  of  Templeton. 
C.  513.  —  An  Act  to  authorize  the   City  of  Brockton  to  light  its  Central 

Police  Station  from  the   Electric  Lighting  Plant  in  the  City 

Hall. 


SPECIAL  LAWS.  181 


1899. 

C.  134.  —  An  Act  relative  to  the  Licensing  of  Gas  Fitters  and  the  Super- 
vision of  Gas  Fitting  in  the  Town  of  Brookline. 

19OO. 
C.  276.  —  An  Act  relative  to  Wires  and  Electrical  Appliances  in  the  City 

of  Springfield. 
C.  390.  —  An  Act  relative  to  the  Ratification  of  a  Certain   Contract  made 

by  the  City  of  Holyoke  by  its  Board  of  Public  Works  with 

the  Holyoke  Water  Power  Company. 
C.  429.  —  An   Act   to   authorize   the   Greenfield    Electric   Light    and   Power 

Company   to    transact   Business   in   the   Towns    of    Shelburne, 

Buckland  and  Conway. 

1901. 
C.     88.  —  An  Act  to  authorize  the  Beverly  Gas  and  Electric  Company  to 

do  Business  in  Certain  Towns. 
C.     97.  —  An  Act  to  authorize  the  Town  of  Peabody  to  furnish  Electricity 

for  Light,  Heat  and  Power  to  the  Town  of  Lynnfield  and  its 

Inhabitants. 
C.  139.  —  An  Act  to  authorize  the  Newburyport  Gas  and  Electric  Company 

to  extend  its  Service  to  the  Towns  of  Newbury  and  West  New- 

bury. 
C.  181.  —  An  Act  relative  to  Wires  and  Electrical  Appliances  in  the  City 

of  Springfield. 
C.  228.  —  An  Act  to  authorize  the  East  Boston  Gas  Company  to  hold  Real 

Estate,  lay  Pipes  and  furnish  Gas  in  the  Town  of  Winthrop. 
C.  462.  —  An  Act  to  authorize  the  Boston  Electric  Light  Company  to  dis- 
•   pose   of   its   Property   and   Franchise   to   the    Edison    Electric 

Illuminating  Company  of  Boston. 

19O2. 

C.  144.  —  An  Act  to  authorize  the  Town  of  Wellesley  to  elect  a  Board  of 
Water  and  Municipal  Light  Commissioners. 

C.  347.  —  An  Act  to  authorize  the  American  Woolen  Company  of  New 
Jersey  to  erect  and  maintain  Poles  and  Wires  and  to  furnish 
Electric  Light  and  Power  in  the  Town  of  Maynard. 

C.  372.  —  An  Act  relative  to  the  Wires  and  Electrical  Appliances  in  the 
City  of  Worcester. 

1903. 

C.  93.  —  An  Act  to  authorize  the  North  Adams  Gas  Light  Company  to  do 
Business  in  the  Town  of  Clarksburg. 

C.  159.  —  An  Act  to  authorize  the  Pittsfield  Coal  Gas  Company,  under  Cer- 
tain Conditions,  to  furnish  Gas  and  Electricity  in  the  Town 
of  Dalton. 


182  SPECIAL  LAWS. 

C.  215.  —  An  Act  to  authorize  the  Edison  Electric  Illuminating'  Company  of 
Brockton,  under  Certain  Conditions,  to  furnish  Electricity  in 
the  Town  of  Whitman. 

C.  221. —  An  Act  to  authorize  the  Millers  Falls  Water  Supply  District  to 
furnish  Electricity  for  Light  and  Power. 

C.  284.  —  An  Act  to  extend  the  Corporate  Powers  of  the  Conway  Electric 
Street  Railway  Company. 

C.  289.  —  An  Act  to  authorize  the  Board  of  Gas  and  Electric  Light  Com- 
missioners to  license  the  People's  Gas  and  Electric  Company 
of  Stoneham  to  make  and  sell  Gas. 

C.  350.  —  An  Act  to  authorize  the  Holyoke  Water  Power  Company  to  manu- 
facture, sell  and  distribute  Electricity  for  Power  Purposes. 

C.  405.  —  An  Act  to  authorize  the  Town  of  Reading  to  elect  a  Board  of 
Public  Works  to  have  Control  of  its  Water  Works,  Public 
Lighting  and  Highways. 

C.  417.  —  An  Act  to  provide  for  the  Consolidation  of  Certain  Gas  Companies 
in  the  City  of  Boston  and  Vicinity. 

C.  448.  —  An  Act  to  authorize  the  City  of  Brockton  to  light  its  City  Stables 
from  its  Electric  Lighting  Plant  in  City  Hall. 

19O4. 
C.  106.  —  An  Act  to  provide  for  the   Election  of  a  Board  of  Water  and 

Municipal  Light  Commissioners  in  the  Town  of  Ipswich. 
C.  160.  —  An    Act   to   enlarge   the   Authority   of    Certain   Precincts   in   the 

Town  of  Templeton  to  establish  a  Public  Lighting  Plant. 
C.  202.  —  An  Act  to   authorize  the   Hudson   Gas   Light   Company  and  the 

Marlborough  Gas  Light  Company  to  consolidate. 
C.  324.  —  An  Act  to  authorize  the  Town  of  Ipswich  to  furnish  Electricity 

to  the  Town  of  Rowley  and  its  Inhabitants. 
C.  337.  —  An  Act  to  authorize  the  Spring-field  Gas  Light   Company  to  do 

Business  in  the  Town  of  Agawam. 
C.  340.  —  An  Act   to   extend  the   Corporate  Powers  of  the   Turners  Falls 

Company. 

1905. 

C.  94.  —  An  Act  to  authorize  the  Adams  Gas  Light  Company  to  do  Busi- 
ness in  the  Town  of  Cheshire. 

C.  148.  —  An  Act  to  authorize  the  Nantucket  Gas  and  Electric  Company  to 
sell  and  transfer  its  Franchises. 

C.  278.  —  An  Act  relative  to  Wires  and  Electrical  Appliances  in  the  City 
of  Somerville. 

C.  292.  —  An  Act  relative  to  the  Hoosac  Electric  Power  Company. 

C.  293.  —  An  Act  to  authorize  the  Old  Colony  Street  Railway  Company  to 
sell  Electricity  to  the  Eastern  Park  Construction  Company. 


SPECIAL  LAWS.  183 

C.  309.  —  An  Act  to  authorize  the  Transfer  of  the  Franchise  of  the  Fram- 

ingham  Gas,  Fuel  and  Power  Company. 
C.  421.  —  An  Act  relative  to  the  Consolidation  of  Certain  Gas  Companies 

in  the  City  of  Boston. 

1906. 

C.  74.  —  An  Act  to  authorize  the  Chicopee  Gas  Light  Company  to  do  Busi- 
ness in  the  Town  of  South  Hadley. 

C.  75.  —  An  Act  to  authorize  the  North  Adams  Gas  Light  Company  to  do 
Business  in  the  Towns  of  Monroe,  Florida  and  Savoy. 

C.  106.  —  An  Act  to  authorize  the  Springfield  Gas  Light  Company  to  do 
Business  in  the  Town  of  Ludlow. 

C.  131.  —  An  Act  relative  to  Wires  and  Electrical  Appliances  in  the  City 
of  Pittsfield. 

C.  169.  —  An  Act  to  authorize  the  Town  of  West  Springfield  to  manufacture 
or  purchase  Electricity  for  Use  in  its  Water  Supply  Depart- 
ment. 

C.  391.  —  An  Act  relative  to  Wires  and  Electrical  Appliances  in  the  City 
of  Haverhill. 

C.  405.  —  An  Act  to  authorize  the  American  Woolen  Company  of  New 
Jersey  to  erect  and  maintain  Poles  and  Wires  and  furnish 
Electric  Light  and  Power  in  the  Town  of  Acton. 

C.  422.  —  An  Act  to  promote  the  Reduction  of  the  Price  of  Gas  in  the  City 
of  Boston  and  its  Vicinity. 

C.  535.  —  An  Act  relative  to  the  Furnishing  of  Electric  Light  and  Power 
in  the  Town  of  Acton  by  the  American  Woolen  Company  of 
New  Jersey. 

19O7. 
C.  124.  —  An  Act  to   authorize  the   Greenfield  Gas  Light   Company  to   do 

Business  in  the  Town  of  Montague. 

C.  126.  —  An  Act  to  authorize  the  Taunton  Gas  Light  Company  to  do  Busi- 
ness in  the  Towns  of  Raynham  and  Dighton. 
C.  127.  —  An  Act  to  authorize  the  Fall  River  Gas  Works  Company  to  do 

Business  in  the  Town  of  Somerset. 
C.  325.  —  An  Act  relative  to  Wires  and  Electrical  Appliances  in  the  City 

of  Brockton. 
C.  374.  —  An  Act  to  authorize  the  New  Bedford  and  Onset  Street  Railway 

Company  to  manufacture   and   sell   Electricity  for  Light  and 

Power. 
C.  397.  —  An   Act  to   provide  for  the  Appointment   of  an   Electric   Light 

Board  in  the  City  of  Chicopee. 
C.  551.  —  An  Act  to  provide  for  the  Improvement  of  the  River  Front  of  the 

City  of  Springfield. 


184  SPECIAL   LAWS. 

C.  440.  —  An  Act  to  authorize  the  Webster  Electric  Company  and  the  South- 
bridge  Gas  and  Electric  Company  to  consolidate. 

C.  558.  —  An  Act  to  authorize  the  Millers  Falls  Water  Supply  District  to 
purchase  and  distribute  Electricity. 

1908. 

C.  235.  —  An  Act  relative  to  the  Otis  Company. 

C.  339.  —  An  Act  to  facilitate  the  Inspection  of  Wires  in  Buildings  in  the 
City  of  Boston. 

C.  347.  —  An  Act  to  provide  for  removing  or  placing  underground  Certain 
Wires  and  Electrical  Appliances  in  the  City  of  Boston. 

C.  369.  —  An  Act  to  authorize  the  Town  of  Reading  to  sell  and  distribute 
Electricity  for  Light,  Heat  or  Power  in  North  Reading,  Wil- 
mington and  Lynnfield  Centre. 

C.  580.  —  An  Act  to  incorporate  the  French  King  Rapids  Power  Company. 


1909. 

C.  48.  —  An  Act  to  authorize  the  Election  of  Commissioners  of  Public 
Works  in  the  Town  of  Hudson. 

C.  66.  —  An  Act  relative  to  the  Terms  of  Office  of  the  Electric  Light  Com- 
missioners of  the  City  of  Chicopee. 

C.  72.  —  An  Act  relative  to  Wires  and  Electrical  Appliances  in  the  City 
of  Springfield. 

C.  152.  —  An  Act  to  extend  the  Authority  of  the  Holyoke  Water  Power 
Company  to  manufacture,  sell  and  distribute  Electricity  for 
Power  Purposes. 

C.  260.  —  An  Act  to  authorize  the  Marion  Gas  Company  to  do  Business  in 
the  Town  of  Wareham. 

C.  438.  —  An  Act  to  authorize  the  Beverly  Gas  and  Electric  Company  to  do 
Business  in  the  Town  of  Topsfield. 

C.  456.  —  An  Act  to  extend  the  Corporate  Powers  of  the  Boston  Duck  Com- 
pany. 

C.  473.  —  An  Act  to  authorize  the  Metropolitan  Water  and  Sewerage  Board 
to  sell  or  lease  Certain  Land  for  the  Transmission  of  Electric 
Power. 

C.  479.  —  An  Act  to  authorize  the  Town  of  Framingham  to  procure  and 
use  Electricity  for  Certain  Municipal  Purposes. 

C,  496.  —  An  Act  to  establish  an  Electric  Light  District  in  the  Town  of 
Erving. 

1910. 

C.  136.  —  An  Act  relative  to  the  Municipal  Election  and  the  Municipal 
Year  in  the  City  of  Holyoke. 


SPECIAL  LAWS.  185 

C.  318.  —  An  Act  to  extend  the  Time  for  the  Removal  of  Overhead  Wires  in 
the  City  of  Pittsfield. 

C.  448.  —  An  Act  relative  to  Wires  and  Electrical  Appliances  in  the  City  of 
Salem. 

C.  515.  —  An  Act  relative  to  the  Taxation  of  Property  held  by  the  Metro- 
politan Water  and  Sewerage  Board  in  the  Town  of  Clinton 
and  to  the  Sale  or  Disposal  of  Electricity  by  Said  Board. 

C.  580.  —  An  Act  to  authorize  the  Greenfield  Electric  Light  and  Power 
Company  to  do  Business  in  the  Towns  of  Shelburne  and  Buck- 
land. 

C.  581.  —  An  Act  to  authorize  the  Trustees  of  Dummer  Academy  in  the 
County  of  Essex  to  obtain  Electricity  from  the  Town  of  Rowley. 


INDEX. 


INDEX 


ABATEMENT    OF   SMOKE.  PAGE 

board  to  enforce  act,  ....  ...        168,  169 

to  report  to  general  court,          ......  .       169 

to  make  rules,  etc.,  ....  ....       169 

definition  of  certain  words  and  terms,          .          .          .          .          .          .165 

deputy  inspectors,  appointment,  etc., 168,  169 

emission  of  smoke,  regulated,  ....  .         166-168 

expenses,  to  be  apportioned,  etc.,         .......       170 

orders  relative  to  emission  of  smoke,   .          .          .          .          .          .          .169 

penalty  for  violating  order  of  board,   .          .          .          .          .          .         169,  170 

smoke  inspector,  appointment,  duties,  etc.,        ....         168,  169 

temporary  permits, 170 

ABSTRACTS. 

of  returns  of  companies, 15 

of  accidents,    ...........        15 

ACCIDENTS. 

chief  of  police  to  report, .         34 

commissioners  to  investigate, 34 

gas  and  electric  companies  to  report, 34 

medical  examiner  to  report,      ......  .34 

ACCOUNTS.     See  ELECTRIC  COMPANIES;  GAS  COMPANIES. 

AFFIDAVIT. 

notice  of  first  meeting  corporation,      .          .         ,  .          .          .       107 

AGREEMENT    OF   ASSOCIATION. 

contents  of,      .         .         .         .          .          .         .          .          .          .          .       103 

ALDERMEN.     See  MAYOR  AND  ALDERMEN. 

AMENDMENT, 
corporations,  subject  to,   .         . Ill 

AMMONIA. 

amount  permitted,  in  gas,        .         .         .         .         .          .         .         .         97 

ANNUAL   REPORT. 

See  GAS  AND  ELECTRIC  LIGHT  COMMISSIONERS. 

ANNUAL   RETURNS. 

See  ELECTRIC  COMPANIES;  GAS  COMPANIES;  MUNICIPAL  LIGHTING. 

ANTI-STOCK   WATERING.     See  CORPORATION. 

APPEAL. 

from  assessors,  as  to  valuation  of  real  estate,  etc.,       „         .         .         .        33 

from  mayor  and  aldermen,  etc.,  as  to  new  companies,  etc.,       .         .  28,  29 

as  to  pipe  lines,        .          .          .          .          .          .          .          ,  .       .          .       156 

APPLICATIONS, 
by  gas  companies  for  authority  to  do  electric  business,        ...         23 

APPOINTMENT. 

gas  and  electric  light  commissioners, 9 

inspectors  of  gas 90,  91 

inspector  of  wires,     ..........       146 

manager  municipal  lighting  plant,       .         .  75 


190  INDEX. 

APPORTIONMENT.  PAGE 

expenses  of  board, 12 

of  inspection  of  gas,          .........         93 

APPROPRIATION. 

annual  estimate  of,  by  board, 13 

for  municipal  lighting  plant, 76,  77 

APPROVAL. 

by  board,  of  bond  issues, 18,  19 

of  stock  issues, 18,  19,  163 

of  price,  of  gas  and  electricity  by  municipal  plants,     ....  77,  78 

of  contracts  for  purchase  of  gas,         .......       155 

of  contracts  for  sale  of  gas,        ........       158 

AQUEDUCT    COMPANY. 

bonds,  commissioner  of  corporations  to  authorize,          ....         18 

equity  jurisdiction,  as  to,  ........         20 

proceeds,  application  of,  .          .          .          .          .          .          .          .          .         19 

capital  stock,  issue  of, 18 

equity  jurisdiction,  as  to,  ........         20 

increase  of ,      .          .          .          .          .          .  .          .          .          .  20,21 

issue  for,  par  only,  ..........         18 

proceeds,  application  of,  .          .          .          .          .          .          .          .19 

stock,  etc.,  dividends  forbidden,         .......         18 

political  contributions,  prohibited,  '  .          .          .          .          .          .  55,  56 

ATTORNEY  GENERAL. 

notice  to,  of  violations  of  law,     .......        17,  20,  23,  100 

penalties  for  omissions  to  file  certificate,       .          .         .          .          .          .       139 

AUCTION. 

Stock  sale  at,  when,   .          .          .          .          .'...'.          .    21,22,163 

AUDITOR. 

certificate  of  condition,  verified  by 127 

BAY   STATE    GAS    COMPANY. 

See  BOSTON  CONSOLIDATED  GAS  COMPANY. 
BOARD.     See  GAS  AND  ELECTRIC  LIGHT  COMMISSIONERS. 
BOND. 

member  of  commission,  receiving  fees,  to  give,       •„         .-         .          .         92 

to  be  reimbursed  for  premium,  .          .          .          .    ''     .        .  „.         ..         93 

municipal  lighting  plant,  manager  to  give,       ,          .          .          .   ;  -._..        75 

treasurer  of  corporation, .          .          .110 

BONDS. 

corporations,  of  public  service,  regulated, 18,  19 

electric  light  and  power  companies,   .          .          .          .          .          .          .  17,  18 

foreign,  of,      ...........         23 

gas  companies,         .          .          .          .          .          .          .          .          .          .  17,  18 

rate  of  interest,        ..........         17 

municipal,  for  gas  and  electric  plant, 64 

limit  of  issue,  ..........  64,  65 

interest  how  raised,  .........         65 

payment  by  annual  instalments,         .......         66 

sinking  fund  to  be  established,  .......         65 

BONUS. 
giving  to  agent,  etc.,  of  another,  penalty,       .          .          .          .          .          .41 

BOOKS.     See  ELECTRIC  COMPANIES  AND  GAS  COMPANIES. 


INDEX.  191 

BOSTON   CONSOLIDATED    GAS   COMPANY.  PAGE 

act  of  incorporation,       .........  150 

acceptance  of  act,    ..........  159 

consolidating  following  companies:    Bay  State  Gas  Company,  Boston 
Gas  Light  Company,  Brookline  Gas  Light   Company,  Dorchester 
Gas  Light  Company,  Jamaica  Plain  Gas  Light  Company,  Massachu- 
setts Pipe  Line  Gas  Company,  Roxbury  Gas  Light  Company,  South 
Boston  Gas  Light  Company,          .          .          .          ....          .150 

termination  of  act,            .          .          .          .          .          .                    .          .  159 

annual  report  of  cost  of  gas, 161 

capital  stock  of, .        153,  154 

issue  of  additional,             .          .          .      .     .          .          .          .          .          .  153 

reduction  of,  when,            .........  155 

contract  for  purchase  of  gas,  approval  of,    .          .          .          .          .          .  155 

contracts  for  sale  of  gas,  approval  of,           ......  158 

excess  profits,  disposition  of 162 

limit  of  authority  to  sell  electricity,     .......  151 

to  sell  gas, ".         .         .  158 

manufacturing  works,  to  provide,  when 155 

maximum  price  of  gas,  to  be  reduced, 160 

method  of  determining  cost  of  gas,  revised,  how,            ....  161 

new  stock,  issue  of, 163 

value  of,  how  determined, 163 

auction  sale  of,         ..........  163 

to  be  offered  to  stockholders,  when,  .          .          ...          .          .          .  163 

par  value  of  capital,  effect  of,  limited 160 

pipe  lines,  locations  for, 156,  157 

price  of  gas  to  be  purchased 155 

property  to  be  acquired  by,        ........  151 

purchase,  etc.,  of  other  systems, 157,  158 

real  estate,  proceeds  of, 155 

reserve  fund,  how  created,         .                   162 

right  to  sell  plant  to  city,  reserved,      .          .          .          .          ...          .160 

"  sliding  scale  "  act, 161 

acceptance  of,           ..........  164 

standard  price  of  gas,  fixed,      .  - 161 

regulations  as  to  lowering  or  raising,          •„          .          .          .          .          .  164 

standard  rate  of  dividend,  fixed, 161 

stock  of  certain  corporations,  to  be  property  of,    .          .          .          .          .159 

value  of  shares  of  dissenting  stockholders, 153,  154 

BOSTON    GAS   LIGHT   COMPANY. 

See  BOSTON  CONSOLIDATED  GAS  COMPANY. 
BROOKLINE    GAS   LIGHT    COMPANY. 

See  BOSTON  CONSOLIDATED  GAS  COMPANY. 
BUSINESS, 

change  of  corporate,          «         .         .         .         .         ...         .  126 

of  corporation,  scope  of,  .         .         .         ....         .         .  125 

BY-LAWS. 

certificate  of,  as  to  municipal  lighting,        .         .        ,  .         .         .         .  61 

corporations,  in  general  of,         .          .          .         ,          »         .       ....  •       .  110 

employees' stock  as  to,     .          .          .          .          .          .          ...  123 

manufacturing  corporations,  as  to,     .          .          .          .          •  107,111 

municipal  lighting  plant,  relative  to,  79 


192  INDEX. 


CANDLE   POWER.  PAGE 

standard  of,  for  gas, 97,  98 

CAPITAL   STOCK.     See  CORPORATIONS. 
CASH   PAYMENT. 

for  shares  of  stock, 18,  21,  22 

CERTIFICATE. 

by  gas  company  of  vote  to  sell  electricity, 23,  24 

by  manager  of  municipal  plant  of  change  in  price,         ....         78 

See  CORPORATION. 
CHANGE. 

of  business, 126 

of  location,      ...  103,  104 

of  name, 105,  106 

of  par  value, 120 

CHARTER. 
alteration  or  repeal  of,    .         .         .         .         .         .         .         .         .111 

CHIEF   OF   POLICE. 

to  report  accidents, 34 

CITY. 

inspector  of  wires,  appointment  of, 146 

manager  of  municipal  plant,  appointment,  .....         75 

municipal  indebtedness,  how  created, 64 

municipal  lighting,  as  to, 61 

wages,  weekly  payment  of,  by,   .          .          .          .          .          .          .          .47 

CITY    CLERK. 

duties  as  to  municipal  lighting,  .          .          .          .          .          .          .          .  61,62 

CLERK.     See  CORPORATION. 
CLERK   OF   THE    BOARD. 

appointment,  duties,  salary,  etc.,       .          .          .  .          .          .  10,  11 

COAL.     See  COKE. 
COKE. 
baskets  or  bags,  sale  by,  when,   .          .          ...          .  .         56 

capacity,  sealing  and  marking,  .          .  ,  .          .         56 

delivery  in,  to  buyer,        .          .          .          .          ,          .          .          .          .57 

seizure  of  illegal  measure,          „          .          .  .    ,         ..          .          .         58 

dealer  in,  to  be  licensed,     .         ,         .      -   .       "  .  ..'.'.-'.'    ••          •         •  58,  59 

penalties,  for  false  answer,  etc.,  .          .          ...          .          .         58 

illegal  measure,  for  having,        .          .          .          ...          .          .          .         58 

weighing  by  weigher,  if  sale  by  weight,         .         «••         ,-        .          .  -        .         57 
certificate  of  weight  by  weigher,         .          .          .          ...          ••        57 

sealer  may  require  weighing,  when,    .          .          .          .          ...         57 

weight,  sale  by,  when, 56,  57 

weighing  by  weigher,  certificate,         .......         57 

COMMISSIONER   OF   CORPORATIONS. 

duties  of, 100 

COMMISSIONERS. 

See  GAS  AND  ELECTRIC  LIGHT  COMMISSIONERS;  RAILROAD  COMMIS- 
SIONERS; TAX  COMMISSIONER. 
COMMISSIONER   OF   WIRES. 

in  Boston,  duties  of,  .........       147 

COMPLAINT, 
to  board,  of  price  or  quality  of  gas  or  electricity,  ....         32 

of  candle  power  of  gas,     .          .          .          .          .          .          .  •         .          .98 

CONDUITS.     See  UNDERGROUND  CONDUITS. 


INDEX. 


193 


CONSOLIDATION.  PAGE 

aggregate  capital  not  to  be  increased  upon, 22,  23 

of  gas  and  electric  light  companies,  how  authorized,        .         .         .26,  27 

CONTRACT. 

Boston  Consolidated  Gas  Company,  for  purchase  or  sale  of  gas,        155,  158 
of  town  with  street  railway  company,  ......  62,  63 

purchase  of  lighting  plant,  by  municipality,          .....         68 

to  carry  on  gas  works,  regulated 23 

CO-OPERATIVE   ASSOCIATIONS. 

agreement  of  association,  ........       103 

associates,  number  of, 102 

authority  to  incorporate,  .          .          .          .          .          .          .          .          .       102 

capital,  limit  of 102 

increase  of,      ...........       122 

name,  "co-operative"  to  be  a  part  of,  .          .          .          .          .          .104 

organization,  method  of -.  -•      .        103-108 

profits,  distribution  of,        .........       132 

shares,  par  value,  change,  .          .  .          .          .          .          .       120 

limit  of  holdings,      ..........        132 

new  shares,  issue  and  disposition  of, 122 

CORPORATION. 

In  General. 

attorney  general  to  proceed  against, 139 

authority  in  general,  denned, 110-112 

business  location,  change  of, 103,  104 

by-laws,  authority  to  make Ill 

law,  not  inconsistent  with,         .          .          .          .          .          .          .          .111 

meetings,  to  arrange  for  calling,  etc., Ill 

penalties,  may  affix,          ........         Ill,  112 

proxy- voting,  to  fix,          .          .          .          .          .          .          .          .          .111 

quorum,  to  prescribe,        .          .          .          ..          .          .          .          .111 

sales  for  assessments,  to  fix,       .          .          .          ..          .          .          .111 

tenure  of  office,  to  prescribe,     .          .          .          .          .          .          .          .111 

voting  on  shares,  to  fix,    .          .          .          .          .          .          .          .          .111 

charters,  alteration  or  repeal,      .          .          .          .          .          .          .          .111 

conveyance  of  land,  powers  as  to, .       112 

dissolution,  application  to  court  for,  .          .          .          .          .          .          .       137 

continuance  for  winding  up,      ........       138 

extinct  after,  to  be,  .          .          .          .          .          .          .          .          .       137 

majority  in  number  or  interest  may  apply  for,    .....       137 

return  to  secretary  of  state,      '.       •  v         .<         .  .          .          .       139 

dissolution,  return,  legislature,  to,  by  secretary  of  state,        .          .          .       129 
surrender  of  certificate,  by,        .          .          .          .      '    .          .          .          .       138 

dividends,  non-payment  if  residence  unknown,     .          .         .         »         »       113 
stock  dividends,  forbidden,  when,      .          .          .....         18 

transfer  of  stock,  payment  after,        .          .          .          .          .          .          .114 

unclaimed,  list  to  be  published,          .          .          .          .          .        ' .          .       125 

employees,  weekly  payment  of  wages,          ......         47 

existing,  continuance  and  powers,        .          .          .          .          .          .          .111 

franchise,  holding  before  organization, 107 

future,  subject  to  future  laws Ill 

land,  power  to  convey,        .          .          .          .          .          .          .          .          .112 

change  of  location,  upon,  .......         103,  104 


194  INDEX. 

CORPORATION  —  continued.  PAGE 

meetings,  by-laws  to  prescribe,  .          .          .          .          .          .          .111 

executors,  etc.,  to  vote  at,          ........       112 

justice  of  the  peace  to  call,  etc.,  when,        ......       112 

presiding  officer  in  such  case,          .          .          .          .          .          .          .112 

transaction  of  business,          .          .          .          .          .          .          .          .112 

vacancies  among  officers,  filling,     .          .          .          .          .          .          .112 

name,  choice  of, 104 

change  of,  application  for,          ........       105 

certificate,  filing  and  fee,        .......         106,  140 

rights  under  new  name,          ........       106 

existing,  not  to  use  name  of,     ........       104 

injunction  to  restrain  use  of,     .......         104,  105 

officers,  defining  duties  and  obligations,        .          .          .          .          .         110,  111 

compensation,  how  fixed,  .          .          .          .          .          .          .          .111 

election,  prescribing,  manner  of,         .          .          .          .          .          .         110,  111 

meeting  called  by  justice,  at,  .          .          .          .          .          .          .112 

lists  of  stockholders,  on  request,         .          .          .          .          .          .          .112 

name,  change  of,  duties  as  to,  .          .          .          .          .          .          .         105,  106 

organization,  filing  certificate  of,        .......       107 

recording,  to  be  resident  of  state,  etc.,        .          .          .          .          .          .113 

treasurer  to  keep  stockholders'  list,    .          .          .          .          .          .          .112 

inspection,  open  to;  penalty,  .          .          .          .          .          .          .112 

receivers,  appointment,  duties,  etc.,     .......       138 

debts,  payment  of,  .........       138 

surplus,  payable  to  stockholders,        .          .          .          .          .          .          .138 

seal,  to  have,  alteration  of,          .         f         .         .         .          .          .          .111 

Actions  by  and  Against, 

actions,  general  provisions  as  to,          .          .          .          .          .  .  .111 

damages  against,  warrant  of  distress  for,      .          .         -..,'        .  .  .  136 

execution,  toll  franchise,  sale  of,  on,   .          .         .         ...  .  .  136 

name,  upon  change  of,       .........  106 

receivers,  appointment  of,  by  court,    .          .          ...  .  .  138 

debts,  payment  of,  .          .          .          .          .          .-..-.  .  .  138 

duties  and  powers  generally,      .          .          .          «•        V         .    .  .  .  138 

surplus  payable  to  stockholders,         .          .          .         V        .'  .  .  138 

venue,  creditor's  residence,  etc.,  brought  at,  when,         .          .  .  .  137 

Attorney  General. 

commissioner  to  inform,  as  to,  .  t 100 

gas  and  electric  companies,  as  to, 17,  20,  23 

informations  against,  neglecting  returns, 139 

manufacturing,  etc.,  to  proceed  against,  when,  .....       139 
public  service  corporations,  stock,  etc.,  issue, 20 

Capital  and  Shares, 
dividends  withheld,  if  residence  unknown,    .          .          .          .          .          .113 

payment  after  stock  transfer,    .          .          .          .          .          .          .          .114 

stock  dividends,  forbidden,        ........         18 

certificates  void ;  penalty,      .....  18 

unclaimed,  list  to  be  published,          .......       125 

lists  of  stockholders,  filing,  when, 113 


INDEX.  195 

CORPORATION  —  continued.  PAGE 

new  shares,  issue  of;  stockholder's  rights,   ......  20-22 

par  value,  how  fixed, 120 

change  to  standard  value,          .          .          .          .  .          .          .       120 

issue  for  less  than,  forbidden,    ........         18 

preferred  stock,  as  to, 122,  123 

stock  dividends,  issue  forbidden 18 

Stockholders,  registry  of  names,  residences,  .          .          .          .          .113 

dissolution,  vote  for,         .........       137 

executors,  etc.,  to  vote  as,          .          .          .          .          .          .          .          .112 

list  of,  treasurer  to  keep,  .          .          .          .          .          .          .          .112 

filing  with  secretary  of  state,  .          .          .          .          .          .          .113 

inspection,  open  to,  under  penalty,          .          .          .          .          .          .112 

new  issues  of  stock,  notice  to,   .          .          .          .          .          .          .    20,  21,  121 

proportionate  distribution  at  par  among,         ....    20,  21,  121 

residence  of  stockholders  to  be  known,        .          .          .          .          .          .113 

certificates  held,  if  unknown,  .          .          .          .          .          .          .113 

title  to  shares  transferred,  good,  when,          .          .          .          .          .          .114 

transfer,  collateral  as,  effective,  when,          .          .          .          .          .          .114 

dividends,  payment  after,          .          .          .          .          .          .          .          .114 

recording  officer  to  be  resident  of  state,      .          .          .          .          .          .113 

records  to  be  made,  etc.,  within  state,         .          .          .          .          .          .113 

voting,  by-laws  to  fix,         .          .          .          .          .          .          .          .          .111 

Commissioner  of  Corporations. 

attorney  general,  to  notify,  of  violations, 100 

capital,  payment  in,  as  to, 124,  125 

certificates,  to  examine,  indorse,  etc.,  ......       128 

of  organization,  as  to,       .          .          .          .          .          .          .          .         108,  109 

confirmation  of  proceedings,  etc.,  as  to,  .          .          .          .          .       135 

creditors,  corporations  of,  as  to,  . 103 

dissolution,  to  apply  for,  when, 128 

duties  of,  .         .         .         .         .         ...         .         .         .100 

equity  jurisdiction,  may  invoke,       . 20 

informations,  relator  in,  .........       139 

name,  approval  by, ...          ...       106 

assent  to  use  of,  filing  with,       ......  .       104 

change  of,  duties  as  to,     .          .          .          .          .          .          .          .          .       106 

par  value  of  shares,  change,  approval  by,     .          .          .         .          .          .       120 

penalties,  recovery,  duties  as  to,          .          .          .          .  .          .       139 

records  of  certificates,  etc.,  to  keep, 100 

returns,  certificates,  duties  as  to,         .        ...          .         .          .          .       127 

auditor,  records  as  to,       .          .          .          .          .          .          .          .         127,  128 

service  on  first  clerk,  .          .          .  '  .  .         .         .       100 

statement  of  property  taken  as  capital  to,  .         '.          .          .          .         124,  125 

stockholders,  lists,  form,  to  prescribe,          ...  .113 

vacancy,  first  clerk's  duty, .100 

Foreign  Corporations. 

attorney  general,  duties  as  to, •  *  23 

bonds,  etc.,  secured  by  property  of  domestic,         .          .          .          .      v   .  23 

capital  stock,  issue,  secured  by  domestic  corporation,  .          .  23 

definition  of,   .  23 


196  INDEX. 

CORPORATION  —  continued.  PAGE 

domestic  corporations,  control  of, 23 

electric  company,  control  of  domestic,  as  to,  .          .          .          .         23 

equity  jurisdiction,  as  to, 23 

forfeiture,  as  to,  .          .          .          .          .          .          .          .          .23 

gas  company,  control  of  domestic,  as  to 23 

Taxation, 
franchises,  corporate,  general  provisions,    ......  35-39 

annual  payment  upon,      .........         38 

deductions  to  be  made,     .........         37 

domestic  business  corporations,  returns,     .          .          .          .          .          .36 

machinery,  value,  how  ascertained,    .......         37 

remedy  when  values  cut  down,       .          .          ...          .          .          .38 

rate  of,  how  determined,  ........         38 

real  estate,  value,  how  ascertained,    .          .          .          .          .          .          .37 

remedy  when  values  cut  down,       .......         38 

value,  how  ascertained,    .........         39 

machinery,  assessed  where  situate  or  employed,  ....      ~T~       36 

value,  how  ascertained,    .........         37 

remedy  when  values  cut  down,       .......         38 

real  estate,  assessed  where  situate,      .......         36 

value  how  ascertained,  ^  .          .          .          .          ...          .         37 

remedy  when  values  cut  down,       .......         38 

tax  commissioner,  returns  to  be  made  to,  .....         36 

details  of  returns  to,         .          .          .          .          .          .          .          .          .36 

values,  commissioner  to  ascertain,      .          .          ...          .          .          .37 

appeal,  may  be  heard  on,       .          .          .         ...          .          .          .          .  38,  39 

remedy,  when  diminished,      .          .          .          .          ...          .         39 

Manufacturing  (In  General). 

adoption  of  chapter  110,    .          .          .          .          .         v.          .          .          .       101 

agreement  of  association,  contents,          .         .         .         .         .         .       103 

associates,  number  of,      .          .          .          .          .          .        ~~.          .         102,103 

par  value  of  shares,  to  state,     .          .          .         ~.  ~   ,  ;.'         .          .          .       103 
applicability  of  chapter  110,       .          .          .        ..       '  .          ;         .         100,101 

attorney  general  to  proceed  against,  ".       ..          /  "      ...         .       139 

beds  in  hospitals,  support  of,  .          .          .          .          .          .          .       126 

business,  limitations  in  agreement  as  to,  .          .          .          .         125,  126 

capital  to  be  first  paid  in,  ........       124 

change  by  stockholders'  vote,   ........       126 

certificate  of,  filing,  approval,          .          .          .          .          .          .  126 

fees  for  filing,  etc.,  certificates,        .......       140 

confirmation  of  illegal,      .........       135 

extra-state,  may  carry  on,          ........       125 

gas  companies,  extension  of,      ........       126 

location,  change  of, 103,  104 

officers  and  agents  to  direct,      .          .          .          .          .          .          .          .110 

property-holdings,  etc.,  limits,  .......         125,  126 

gas  stock  may  be  held,  ........       134 

realty,  conveyance,  leases,  etc.,       .......       126 


INDEX. 


197 


CORPORATION  —  continued. 
by-laws,  adoption  at  organization, 

choice  of  officers,  to  prescribe,  . 

employees'  stock,  as  to,    . 

proxy-voting,  to  determine, 

quorum  of  stockholders,  to  fix, 

treasurer's  bond,  to  prescribe,  . 
certificate  of  change,  etc.,  of  business, 
certificates  of  incorporation,  forms,  issue, 

certified  copy  to  be  evidence,    . 

existing  corporations,  issue  to, 

fees,  payment  of;  amount, 

force  and  effect  of ,  . 

forms  for  existing,  and  new, 

issue  by  secretary  of  state, 

records  of  certificates  to  be  kept, 
certificates  of  organization,  making  of,     . 

abstracts  for  legislature,    . 

commissioner  to  examine,  etc., 

existing  corporations  may  file, 

filing  with  secretary,         . 
confirmation  of  illegal  proceedings, 
dissolution  for  failure  to  make  returns, 
fees  for  copies  of  records,    . 

certificates,  for  recording,  etc., 
first  meeting,  mode  of  calling,  . 

adjournments  of,      . 

eligibility  of  directors  at, 

notice,,  contents,  service,  etc.,    . 
affidavit  of  giver,  . 

organization,  election  of  officers, 

record  of  proceedings,       . 

temporary  clerk,  duties,  etc.,     .          . 

treasurer,  choice  of,  . 

franchise,  subscribers  to  hold,    . 
name,  corporate,       .         ;         .         . 

change  of,  .          ; 

penalties  for  not  filing  certificates, 

lists,  for  failure  to  furnish,         .  . 

property,  holding,  conveyance,  . 

capital  increase,  upon,      . 
purposes,  in  general,  *         .          .         . 

returns,  annual  certificate  of  condition, 

abstracts  of  returns,  copies  printed,  etc.,    . 

approval  of  commissioner, 

auditor,  certificate  of, 

capital  stock,  of  increase  or  reduction, 

dissolution  for  not  making, 

fee  for  filing,  etc.,  certificates,  . 

penalty  for  omission  of ,    . 

proceedings  upon  not  making,  . 


PAGE 

.       107 

.       110 

123 

111 

111 

.  110 
.  126 
108,  109 
108,  110 
109 

.  140 
108-110 
108,  109 
108-110 
108,  110 
.  107 
.  129 
.  107 
108,  109 
108,  109 
.  135 
.  127 
.  140 
.  140 
.  107 
.  107 
.  107 
.  107 
.  107 
.  107 
.  107 
107 

.       107 

.       107 

.       104 

105 

.  139 
.  139 
125,  126 
.  121 
102,  103 
127 

.  129 
.  128 
.  127 
.  128 
128 

.  139 
139 
139 


198  INDEX. 

CORPORATION  —  continued. 

Manufacturing  (Capital  Stock). 

PAGE 

assessments,  authorization  and  limits, 123,  124 

instalments,  payment  in,  ........       124 

sales  for  non-payment,     .          .          .          .          .          .          .          .          .124 

by-laws,  may  regulate,  .          .          .         .          .          .          .          .111 

deed,  execution,  form,  etc.,    .          .          .          .          .  .          .       124 

notice,  how  given,   ..........       124 

certificates,  issue,  form,  etc.,      .         .         .         .         .         .         .         .112 

duplicates  upon  loss  of ,    .          .          .          .          .          .          .          .         112,118 

new,  issued  on  transfer,    .          .          .          .          .          .          .          .         112,  118 

change  of  par  value, 120 

charters,  special,  under 120 

consolidations  of  public  service  corporations,       .....         22 

debt  watering,  to  prevent, .22 

disposition  of  original  shares  untaken,          ......       107 

new  shares,  of, 20-22,  121 

co-operative  associations,  in,  .          .  .       .          .          .  ._*_      122 

employees'  stock,  issue,     .         .         .         .         .         .         .         .         .123 

amount,  par  value,  payment  of ........       123 

dividends  on,  and  transfer  of,   ........       123 

increase,  limits  of .    18,  21,  122 

certificate,  filing, 'approval,      '  ,          .          .          .          .          .          .          .       128 

fee  for  filing, 140 

penalty  for  failure  to  file,       ........       139 

disposition  of  shares,         .          ,          .     c    .          .          .          .          .     20-22,121 

special  charters,  under,     .          .          .          .          .          .          .          .          .121 

stockholders,  to  determine,        .          .          .  .          .          .          .       121 

limits  of,  in  general,  .          ,          ,         .        . .          .        . .          .         102,  103 

par  value,  how  fixed,          .         ...        .         .         ...         .         .       120 

change  of,  how  made,       .          .          .          .          .....•'.          .       120 

issue  for  less  than,  forbidden,    .          .          .          .          ."  .          .         18 

payment  in  full,  of,  before  business,    ..',.,          ,    "     .          .          •          •       124 
cash  payment,  necessary,  when,         .          .          .          .  .  •      .          .  18,  124 

certificate,  sworn,  to  be  filed,     .          .          .          ."-,.".-.          .          .       124 

approval,  etc.,  by  commissioner,  etc.,      .          .        '»          .         ,.         124,125 
claims  against  bankrupt,  etc.,  taken  in,      ...        , .          .          .          .       125 

notes,  etc.,  in,  prohibited,          .          .          .          .          .....          .       125 

of,  property, 124,  125 

reduction,  limits  of, 121 

application  to  court,  when,        ........       121 

certificate,  filing,  approval,        .          .          .          .          .          .          .          .       128 

special  charters,  under,     .          .          .          .          .          .          .          .          .121 

stockholders  to  determine,         .          .          .          .          .          .          .          .121 

special  charters,  under,  how  fixed, 120,  121 

special  stock,  issue,  dividends,  redemption,  etc.,  ....       122 

employees,  issue  to,  ......  .       123 

Stock  watering,  to  prevent, 18 

subscribers,  rights  to 107 

transfer  of  shares,  mode,  etc., 113,  114 

employees'  stock,  of,  .          .          .          .          .          .          .          .  •    123 


INDEX.  199 

CORPORATION  —  continued. 

Manufacturing  (Officers) . 

PAGE 

annual  choice,  manner,  etc.,  '. 110 

certificate  of  organization,  to  file,       ......         107,  109 

conveyances,  etc.,  by,  how  restricted,          .....         125,  126 

defence  of  suits  against,   .          .          .          .          .          .          .          .          .132 

election  at  organization,  .........       107 

list  of 130,  131 

clerk,  yearly  choice  by  ballot 110 

capital  stock,  to  make  return  of  increase  or  reduction,  .          .          .       128 

confirmatory  proceedings,  as  to,  .          .          .          .          .          .       135 

duties,  records,  oath,         .          .          .          .          .          .          .          .          .110 

list  of  officers,  etc.,  to  furnish,  ........       130 

penalty  for  refusing  list,  etc.,  of,     .          .          .          .          .          .          .       139 

record  of  shares  by,  when,         .          .          .          .          .          .          .          .112 

temporary,  at  organization,  ........  107 

directors,  choice,  number,  etc.,  .          .          .          .          .          .          .          .110 

business  change,  to  sign  certificate  of,         ......       126 

certificate  of  capital,  to  sign,  etc.,  .......  124 

increase  of, 128 

confirmatory  proceedings,  as  to,  .  .  .  .  .  .  135 

duplicate  stock  certificates,  as  to, 70,  118 

issue  of  shares,  to  notify,  of, 20,  21,  122 

returns  and  certificates  by,        .          .          .          .          .          .          .          .127 

liability  upon  neglecting,        ........       139 

to  choose  president,  .  .  .  .  .  .  .  .  .110 

liability  for  debts,  contracts,  etc., 129,  130 

defence  of  corporation  suits  by,          .......       132 

bond  for  costs  requisite,         ........       132 

equity  proceedings  to  enforce,  .          .          .          .          .          .          .          .131 

execution  must  be  unsatisfied  to  fix,  .          .          .          .          .      •    .       130 

judgment  prerequisite  to,  .          .          .          .          .          .  130 

list  to  be  furnished  creditors,     .          .          .          .          .          .          .          .       130 

penalty  for  refusing  list,  etc.,  of,     .          .          .          .          .          .          .       139 

returns  and  certificates,  for  neglect  of,  ......  139 

president,  choice  and  qualifications,    .          .          .          .          .          .          .110 

business  change,  to  sign  certificate  of,  .          .          .          .          .       126 

certificate  of  capital,  to  sign,  etc.,  ......  124,  125 

president,  certificate  of  increase  of  capital,  to  sign,        ....       128 

returns  and  certificates  by,        .          .  . .   .     ,          .          .          .          .          .       127 

liability  upon  neglecting,        ,          .,-.  .      .          .          .          .          .          .       139 

treasurer,  choice,  term,  etc.,  , .  110 

assessment,  paid  to,  sale,  notice,  etc.,          .          .          .          ...       124 

bond,  amount,  conditions,  etc.,  .          .          .          .        ,.,...       110 

business  change,  to  sign  certificate  of,         .          .          .          .          .          .126 

increase  of,  ..........       128 

deeds  of  shares  sold,  to  make,  ........       124 

returns  and  certificates  by,        .          .          .          .          .          .          .          .127 

liability  upon  neglecting,        ........       139 

stock  certificates,  to  sign, 112 


200 


INDEX. 


CORPOEATION  —  concluded. 

Manufacturing  (Stockholders) . 

annual  choice  of  officers  by 

auditor,  to  appoint,  when,  ...... 

business,  change  by,  when,         ...... 

capital,  increase,  etc.,  to  determine,     . 

confirmatory  proceedings  by, 

contribution  among,  for  debts  paid,  etc.,    . 

conveyances,  etc.,  must  authorize,      ...... 

defence  of  suits  against  corporation,    . 

bond  for  costs,  requisite,  .          . 

hospital  beds,  vote  as  to, 

liability  for  debts,  contracts,  etc 

equity  proceedings  to  enforce,  ...... 

non-abatement,  dismissal,  etc.,       . 

estates  in  hands  of  executors,  etc.,  of, 

execution  must  be  unsatisfied  to  fix,  . 

judgment  prerequisite  to,  .          .          .          . 

limitation  of  par  of  stock,          ...... 

list  to  be  furnished  creditors,     ...... 

penalty  for  refusing  list,  etc.,  of,     . 

proportionate  to  holdings,          ...... 

special  stock,  restricted  as  to,   . 

proxy-voting,  restrictions, 

quorum,  by-laws  to  determine,  . 

majority  in  interest  to  form,  when,    .      <   » 
real  property,  consent  to  conveyance,         .         .         . 
shares,  to  have  certificates,  etc.,  of,     .          .•• 

employees'  stock,  as  to,    .          .          .          . 

new,  who  entitled  to,        .          «          . 

special  stock,  rights  respecting,  .          , 

non-liability  under,       .  .       .          . 

transfer  of,      .          .          .          * .        4          .          .          .          . 
CREDITOR. 

remedy,  against  officers  and  stockholders,    .          . '-     .      '    . 
CUBIC   FEET. 

unit  for  measure  of  gas,      .          .          .  -i  ••   ••  'i          * 

price  per  thousand  for  Boston  Company,      .          .          . 
DAMAGES. 

claim  of  abutting  owner  for,  lines  in  ways, 
double,  for  refusing  certified  lists  of  officers  and  stockholders, 
liability  for,  city  or  town  owning  plant,        . 
for  death  and  conscious  suffering  of  employee, 
from  laying,  etc.,  wires  in  public  ways,        . 

pipes,  etc.,  of  gas  company  in  ways,  . 
DEATH. 

damages  for,  of  employee,  ...... 

report  of,  caused  by  gas  or  electricity,  . 

DEBT. 

liability  of  officers  and  stockholders  for,       . 

See  BONDS. 
DEBT   LIMIT. 

relative  to  bonds  for  municipal  plants,          . 


PAGE 
.  110 

127 
.  126 

121 

.  135 
.  130 
.  126 
.  132 
.  132 
.  126 

129 
.  131 

132 

.  131 
.  130 
.  130 
.  131 

130 
.  139 

131 

.  122 
.  Ill 

111 
.  Ill 

126 
.  112 

123 

20,  122 
.  122 

122 
113, 114 

129-132 

94 
160,  161 

.       144 

139 

83 

49 

25 

133 

49 
34 

129-132 


64 


INDEX.  201 

DEBT   WATERING.  PAGE 

act  to  prevent,             ..........  22 

DEFECT. 

ways,  works  or  machinery  in,       ........  49 

See  EMPLOYERS'  LIABILITY. 

DEFINITIONS. 

"board," 165 

"certificate," 119 

"chart," 165 

"child"  or  "minor," 39 

"company," 33,34 

"corporation,"        ..........  34 

"delivery," 119 

"district," 165 

"domestic  business  corporations," 35 

"  electric  light  company," 26 

"factory," 39 

"foreign  corporation," 23,35 

"gas  company," 26,34,99 

"gas  light  company," 99 

"manufacturing  establishments," 39 

"mechanical  establishments," 39 

"person," 39,119 

"public  building," 39 

"  purchase "  and  "  purchaser,"       .         .         .         .         .         .         .119 

"school  house," 39 

"shares," 119 

"state," 119 

"stock," 165 

"title," 119 

"transfer," 119 

"value," 119 

"woman," 40 

"workshop," 40 

"young  person,"     ..........  40 

DEPOSIT. 

interest  on,  to  be  paid  by  companies,           ......  134 

DEPRECIATION. 

municipal  plants,  provision  for, 76,  77 

fund  for,          ...........  77 

uses  of  fund,  .          .                    .          .          i          .          .          .          .          .  77 

DIRECTORS.     See  CORPORATION. 

DISC   PHOTOMETER. 

gas  companies  to  provide,  when,        .          .          .          .          .          .          .  96 

DISSOLUTION. 

of  corporation  for  failure  to  file  certificate,           .  '•      .          .          .         .  128 

for  illegal  issue  of  stocks,  etc.,  .          .          .          .          .          .                    .  23 

DIVERSION   OF    GAS    SUPPLY. 

penalty  for, .         .  99 

DIVIDENDS, 

employees'  stock  on,          .         .         .         ....         .         .  123 

payment  after  transfer  of  stock,  .  .          .          .          .          .114 

preferred  stock,  on, .         .  122 

special  stock,  on,     .                                                                                     .  122 


202  INDEX. 

DIVIDENDS  —  concluded.  PAGE 

standard,  of  Boston  Company, 161 

stock,  prohibited, 18 

unclaimed 125 

DORCHESTER   GAS   LIGHT   COMPANY. 

See  BOSTON  CONSOLIDATED  GAS  COMPANY. 

EASEMENT. 

electric  companies  not  to  acquire 148 

ELECTRIC   COMPANIES. 

In  General. 

applicability  of  laws  to  persons,  etc., 148 

inspector  of  wires,  duties, 146 

equity  jurisdiction,  may  invoke,         .......       147 

poles,  insulation  required;  penalty  for  neglecting,  ....       147 

political  contributions,  prohibited,  .         .         .         .         .  .  55, 56 

property,  affixing  wires,  etc.,  to, 147,  148 

consent  of  owner  to  entry  on,  required,       ......       147 

corporate  name  to  be  affixed  to  poles,  etc.,          ....         147,  148 

wires,  etc.,  construction  regulated,  insulation,  etc.,        .          .          .         145,  146 
equity  jurisdiction,  as  to,  ........       147 

expense  of  removal,  .........       146 

inspector,  duties,  etc.,       .      ^         .......       146 

names  of  owners  to  be  affixed, 145 

Gas  and  Electric  Light  Commissioners. 

accidents,  investigation  of, 34 

accounts  of  companies,  to  prescribe  form  of, 29 

appeals  to,  .         .  .         .         .         .         .         .         .  28, 29 

authority  and  duties,  denned, 14,  15,  17 

bonds,  duties  as  to  issue  of,         .         .         .         .         .  .         .  18,  19 

books  of  companies,  inspection,  etc.,          ......        29 

capital  stock,  to  authorize  issue,         . 18,19 

increase  of ,  as  to,     .          .          .          .          .          .....          .          .  20-22 

complaints  as  to  price  and  quality,     .         .         .         V.         .  32 

equity  jurisdiction,  to  invoke,  .         .         .         ...         .        17 

examination  of  companies,         .         .         .         .         .         .         .         .         14 

returns  to,  .         .         .     _    4         .         *         .         .         .         .30 

supply  to  public,  to  enforce,        .          .          .        . .          ...          .         31 

violations  of  law,  notice  to  attorney  general,  <         .         .         .17 

Light  Companies. 

bonds,  issue  regulated, 17-19 

capital  stock,  issue  regulated, 18-22 

commissioners  to  authorize;  proceedings,    .          .          .          .          .          .  18,  19 

equity  jurisdiction,  as  to,  .          .          .          .          .          .  .20 

illegal  issue;  penalty,        .........         20 

impairment  of,  as  to,        .........         19 

increase  and  reduction  of,          ........       121 

increase,  disposal  of  new  shares,         .......  20—22 

par,  issue  for,  only,  .........         18 


INDEX.  203 

ELECTRIC  COMPANIES  —  continued.  PAGE 

consumers,  entry  on  premises  of,  .......  98 

stoppage  of  supply  on  non-payment,           ......  98 

none  though  prior  occupant  in  arrears,  ......  99 

definition  of  "company,"  etc.,  .  26,33,34 

dissolution  for  stock,  etc.,  issue  by  foreign,  .....  23 

interest  in  companies,  none  by  commissioners,  .....  9 

lines,  construction  by  new  companies,  ......  28 

appeal  to  commissioners,           ........  28 

meters,  test,  expense,  etc., 32,  33 

injury,  etc.,  to;  penalty,             ........  34 

officers,  illegal  stock  or  bond  issue;  penalty,          .....  20 

penalty  for  injury  to  property,  ........  34 

unlawful  diversion  of  electricity,  for,  ......  34 

records  as  to  plant  at  factory, 30 

stock,  etc.,  dividends  prohibited, 18 

Light,  Heat  or  Power  Companies, 

applicability  of  laws  to  persons,  etc.,           ......  148 

cities  and  town,  regulation  by,    ........  143 

conduits  under  ways,        .........  142 

construction  for  private  use,      ........  142 

injunction  of  violation  of  regulations,          ......  143 

ordinances  to  regulate,  in  cities,          .......  144 

penalty  for  injuring  wires,  etc.,  .          .          .          .          .          .          .143 

violation  of  regulations,  proceedings,           .    *     .          .          .          .          .  143 

lines,  construction  authorized,     ........  141 

conduits  under  ways,        .........  142 

cutting,  etc.,  to  remove  buildings,  etc.,       ......  148 

penalty  for  cutting,  without  notice,         ......  149 

damages  to  abutters,  etc.,  assessment,  etc.,          .....  144 

easement,  etc.,  non-acquisition  of,      .......  148 

illegal  structures  unprotected,  ........  149 

injury  to,  penalty,  ..........  148 

poles,  location,  alteration,  etc.,           .......  142 

recording  of  specifications,  etc.,      ......         141,  142 

public,  not  to  incommode,         ........  141 

removal,  if  damages  unpaid,      .          .                    .          .          .          .          .  145 

towns  may  permit,  upon  or  under,  etc.,  ways,     ....         142,  143 

new  companies,  business  by,  restricted,      ......  28 

private  lines,  alterations  in  construction  or  location,     .          .          .  142 

attachment  of  other  wires  to,    .          .          .         .                   .          .          .  .  143 

construction  of ,                  .          .          .          .          .                    .          .        . .  142 

penalty  for  injury  to,        .          ...          .          .          .          .          .  143 

poles  and  structures  to  belong  to  town,      .          .  -        .          .         .         «  143 

removal  of,  after  hearing,           .          .          .          .          .          .          .          .  143 

Light  or  Heat  Companies. 

accidents,  report  to  commissioners,     .          .          .          •     .    •         •         «         34 
accounts,  commissioners  to  prescribe  form  of,       .          .          .          .          .29 

books,  inspection  by  commissioners,     .......         29 

definition  of  "  company,"  etc., .,      26,  33,  34 


204  INDEX. 

ELECTRIC    COMPANIES  —  concluded.  PAGE 

office  at  location  of  works,  ........         29 

price,  complaint,  to  commissioners  as  to,  .          .          .          .          .         32 

application  by  company  to  fix,  .......         32 

quality,  complaint  as  to,  to  commissioners,  .....         32 

returns,  annual,  to  commissioners;  penalty,  .....         30 

supply  to  public,  how  enforced,  .          .          .          .          .          .          .          .31 

violations  of  law,  notice  to  attorney  general,          .          .          .          .          .17 

Light  or  Power  Companies. 

applicability  to,  of  laws  as  to  gas  companies,      .....         25 

bonds,  amount  of  issue,  limited,  .          .          .          .          .          .          .  17,  18 

issue  authorized,  interest,  etc.,  .          .          .          .          .          .          .  17,  18 

mortgage  of  franchise,  etc.,  to  secure,          .          .          .          .          .          .  17,  18 

stockholders  to  authorize,          .          .          .          .          .          .  .         18 

gas  companies,  may  do  business  of, 23 

certificate,  filing  with  secretary,          .......         23 

commissioners  to  authorize,       .          .          .  .          .          .          .23 

damages  for  defects  in  ways,     ........         24 

franchise,  etc.,  purchase  or  lease,        .......         25 

municipal  authorities  may  regulate,  ......         25 

plant,  limit  of  time  for  equipment;  extension,     .....         24 

record  of  compliance  with  orders,  .......         24 

poles  and  wires,  erection  of,  regulated,        ......         24 

local  authorities,  consent,  ,    .          .          .          .          .          .          .          .24 

ways,  digging  up,  repairs,      ........         24 

powers  and  duties  of,        .........         25 

stockholders,  vote  for,      .........         23 

guaranty  deposits  by  consumers, 134 

interest,  penalty  for  non-payment,     .......       134 

heating,  cooking,  etc.,  sale  for, 27 

mortgage  to  secure  bonds,  .          .          .          .          .          .          .          .  17,  18 

motors,  sale  for  operating, 28 

power  companies,  laying,  etc.,  of  wires  regulated,         .          .          .          .  28,  29 

must  furnish  information,  etc.,  to  board,    .  "  *  .       .          .          .         29 

returns  to  secretary  of  state,  as  to  deposits,  .     '    ...          .          .          .       134 

stockholders,  bond  issue,  etc.,  vote  for,        .          .          .          .          .       17,  18,  23 

ELECTRIC   HEAT    COMPANIES.     See  ELECTRIC  COMPANIES. 
ELECTRIC   LIGHT    COMMISSIONERS. 

See  GAS  AND  ELECTRIC  LIGHT  COMMISSIONERS. 
ELECTRIC   LIGHT   COMPANIES.     See  ELECTRIC  COMPANIES. 
ELECTRIC   POWER   COMPANIES.     See  ELECTRIC  COMPANIES. 
ELECTRICITY. 

Lord's  Day,  making  on,  legalized, .60 

stoppage  of  supply  for  non-payment,  .          .          .          .          .          .          ,         98 

entry  on  consumer's  premises  for,     .          .          .          .          .          .          .98 

none,  though  prior  occupant  in  arrears,      .          .          .          ...         99 

EMPLOYEES.     See  LABOR. 

injury,  damages  for, .  49,  50 

legal  representatives,  to  sue  for,        .          .          .          .         .         .-       .        49 

weekly  payments,  of, 47 


INDEX.  205 

EMPLOYERS'  LIABILITY.  PAGE 

death,  damages  for, 49 

employers'  liability 48-51 

employer  not  liable,  when, 51 

evidence  in  reduction  of  damages,        .         .         .         .         .         .         .51 

exemption  of  employer,  contracts  for  forbidden,  .....         53 

injury,  damages  for,  .          .          .          .          .          .          .          .          .  49,  50 

legal  representatives  may  sue, 49 

liability  for  employee  of  contractor,  etc.,      ......         51 

notice  of  injury,         ..........        50 

EQUIPMENT. 

by  gas  company  of  electric  plant,       .......        24 

defects  in  ways,  works  or  machinery,  .......         49 

EQUITY   JURISDICTION. 

See  SUPREME  JUDICIAL  COURT  AND  SUPERIOR  COURT. 

EXECUTOR. 

may  vote  stock  of  estate,  .         .         .          .         .         .         .         .         .112 

EXISTENCE    OF   CORPORATION. 

already  existing,  to  continue, Ill 

in  hands  of  receiver,  .........       138 

EXPENSES    OF   BOARD. 

assessment  of,  .         .         .         .         .         .         .         .         .         .  12, 93 

provisions  as  to, 11,  12,  93 

FEES. 

corporations  filing  and  recording  certificates,        ....         139,  140 

electric  meters,  inspection  and  testing, 32,  33 

disposition  of,  ..........         12 

gas  meters,  examining  and  testing,      .......         95 

disposition  of,  ..........         12 

FINE. 

for  corrupt  influencing  of  agents,  etc., 41 

for  failure  to  insulate  poles, 147 

for  furnishing  gas  below  standard,     .......         97 

for  illegal  issues  of  stock, 20 

for  illegal  weights  and  measures, 57,  58 

for  injury  to  lines,  wires,  etc., 148 

for  injury  to  meter,  etc.,    .         . 34,99 

for  injuring,  etc.,  wires,  etc.,  of  private  lines, 143 

for  selling  coal  or  coke  without  license,        ......         60 

for  use  of  meter  not  sealed  and  stamped,  .          .....        95 

FIRST   MEETING. 

of  corporation,  how  called,        .         ...         .         .         .         .       107 

FOREIGN   CORPORATION. 

to  prevent  issue  of  securities  based  on  domestic  corporation,  .          .         23 

definition  of,    .  .         .         .         .         .         .        ;.         .         .        23 

FORFEITURE. 

by  city  or  town  clerk,  for  failure  to  certify  votes,        .         .         .  62 

for  failure  to  make  annual  returns,     .         ....          .  .30 

for  omitting  to  file  certificates,  etc.,   .         .         .         .        ••         .    *    .       139 

FORM. 

of  annual  report,  cost  of  gas,  etc.,  in  Boston,      .         .         .         .         .       161 
of  annual  returns,  prescribed,  .         .         .         .         .         .         .  30, 80 


206  INDEX. 

FORM  —  concluded.  PAGE 

of  books  and  accounts,  prescribed 29 

of  certificate  of  condition, 127 

FRANCHISE. 

attachment  on  mesne  process,   ........       136 

venue  of  proceedings,        .........       137 

corporation  subscribers  to  hold, 107 

electric  companies,  mortgage  of, 17,  18 

lease  or  purchase  by  gas  company,     .......         25 

gas  companies,  not  to  transfer,  .         .          .         .         .         .  •  17 

sale  on  execution,  when  and  how,          .......       136 

taxation  of,  general  provisions,  ........  35-38 

annual  payment  upon,      .........         38 

deductions  to  be  made,     .........  37,  38 

domestic  business  corporations,  returns  by,          .....         36 

machinery  value,  how  determined,     .          .          .          .          .  .37 

remedy  when  value  cut  down,         .......         39 

rate  of,  how  determined,  ........         38 

real  estate  value,  how  determined,     .          .          .          .          .          .          .  37,  38 

remedy  when  value  cut  down,         .......         39 

toll  corporation,  attachment, 136 

sale  on  execution,  etc.,      .........       136 

warrant  of  distress,  sale  on,         ........       136 

GAS. 

consumer,  illegal  or  fraudulent  use  by;  penalty, 99 

meter,  testing  in  presence  of ,     .          .          .          .          .          .          .          .95 

stoppage  of  supply  on  non-payment  by,     ......         98 

illuminating  power,  standard  of,       .......        97 

Lord's  Day,  making  on,  legal 60 

unit  of  measure  for  sale  of 94 

GAS   AND   ELECTRICITY.     See  MUNICIPAL  LIGHTING. 
GAS   AND  ELECTRIC   LIGHT    COMMISSIONERS. 

In  General. 

appointment  and  number,  .  .  .  .  " .  .  .  .  .  9 

chairman,  designation  of,  and  salary,  .  .  '.'...  .  9 

clerical  assistance,  allowance  for,  .  .  .-  ' .  -  .  .  .  10 
clerk,  appointment,  qualifications,  .  ...  .  .  »  10 

duties,  oath,  etc.,     .          .          .          ...         .          .          ...         10 

expenses,  to  be  assessed  to  companies,  .  .  .  ...  ..  12 

penalties  recovered  applicable  to,  .  .  .  .  :.  .  .  12 
fees  received  by,  to  treasurer  monthly,  .  .  .  .  ,  .  .  94 

incidental  expenses,  allowance  for,  .  .  .  .  .  .  11 

office  to  be  kept,  where 9,  10 

qualifications  of,      ..........          9 

report  to  general  court, 15 

price  and  quality  of  gas,  as  to,  .          .          .          .          .          .          .32 

purity  of  gas,  desirable  laws  as  to,  .  .  .  .  .  .  .15 

salaries  of : 9,  10 

street  railways,  record  of  rulings  as  to,        .         .         .         .         .         .63 

terms  of  office,  oath,  vacancies,  ........  9 


INDEX. 


207 


GAS  AND  ELECTRIC  LIGHT  COMMISSIONERS—  concluded. 

Duties  and  Powers.  PAGE 

accidents,  investigation  of, .34 

accounts  of  companies,  to  prescribe  form,    ......         29 

appeals  to,  as  to  new  companies,          .......  28,  29 

authority  and  duties  defined, 14-17 

bonds,  issue,  duties  as  to,  .          .          .          .          .          .          .          .  18,  19 

books  of  companies,  inspection,  etc.,    .......         29 

capital  stock,  to  authorize  issue,         .......  18-21 

increase  of,  duties  as  to,  .          .          .          .          .          .          .          .          .         21 

complaints  to,  as  to  price  and  quality,         ......         32 

equity  jurisdiction,  to  invoke, 17 

examination  of  companies,         ........         14 

expenses,  companies  to  bear  proportionately,        .....         12 

surplus  fees  of  gas  inspector  applied  to,      .          .          .          .          .          .12 

gas  companies,  control  of,         ........        25 

electric  light  and  power  by,  to  authorize,    .          .          .          .          .  23 

plant,  to  prescribe  time  for  equipment  of,  .....         24 

lists  of  employees,  etc.,  to  prepare  annually,  .....         16 

gas  meters,  tests  of,  fees  for, 33,  95 

purity  of  gas,  investigation  of .          .14 

report  to  legislature  as  to,          .          .          .          .          .          .          .          .         15 

records  as  to  plant,  duties, 30 

report  to  general  court,       .........         15 

abstracts  of  company  returns  with,    .          .          .          .          .          .          .15 

printing  and  distribution,  .          .          .          .          .  .          .         15 

returns  to,  forms  for;  penalty,    ........         30 

supervisory  duties  of, 14 

supply  to  public,  to  enforce, 31 

violations  of  law,  notice  to  attorney  general,         .....         17 
GAS   COMPANIES. 

accidents,  report  of,  to  commissioners,         ......         34 

accounts,  form  of  keeping, 30 

bonds,  issue  for  par  value,  limit  of  amount,  .....         17 

commissioners  to  authorize,  proceedings,    .          .          .          .          .          .  18,  19 

impairment  of  capital,  as  to,     .          .          .          .          .          .          .          .19 

interest,  rate  of,       ..........         17 

mortgage  of  franchise,  etc.,  to  secure,          .          .          .          .          .          .  17,  18 

proceeds,  application  of,  .          .          .          .          .  .          .          .          .  18,  19 

stockholders  to  authorize,          .          .          .          .          .          .          .          .  17,  18 

books,  inspection  by  commissioners,  etc.,      .          .          .          .          .          .29 

method  of  keeping,  to  be  prescribed,  ......         29 

capital  stock,  issue  regulated,    .          .          .          .          .  .          .  18-22 

commissioners  to  authorize,  proceedings,    .          .          ...          .          .  18-21 

equity  jurisdiction  to  enforce  laws  as  to,     .         -.          .          .          .-         ,         20 

illegal  issue;  penalty,        .          «          :.          .          ..         ,          .          »          .18,20 

impairment  of,         .          .          .  .    »•_    •    .  .          .          «         29 

increase  and  reduction,     .          ..          .          ...'..          .          .       121 

increase,  new  shares,  disposal  of,        .         ..          ...          *          .  20, 21 

sale  by  auction,  place,  etc.,    .          .         ..          .          .          .     >  .       "  *•       22 

maximum  and  minimum  limits,          .          .        •  ..         ...         102,121 


208  INDEX. 

GAS    COMPANIES  —  continued.  PAGE 

capital  stock,  other  corporations  may  hold,  limit,         .          .          .          .134 

par,  issue  for,  only,            .........  18 

realty  holding  after  increase 122 

consumers,  entry  on  premises  of,        .......  98 

attaching  pipe  without  consent;  penalty,    ......  99 

meter,  penalty  for  injury  to,      ........  99 

illegal,  etc.,  use  by,  penalty  for,     .......  99 

stoppage  of  supply  upon  non-payment,       ......  98 

none  though  prior  occupant  in  arrears,   ......  99 

contract  to  run  works,  consent  of  legislature  to,   .          .          .          .          .17 

definition  of  "company,"            ........  33 

"gas  company,"  of,  etc.,            ........  26,34 

deposits  by  consumers,  interest  on, 134 

dissolution  for  stock,  etc.,  issue  by  foreign, 23 

electricity  for  light  and  power,  authority  to  furnish,      .          .          .          .23 

certificate,  filing  with  secretary,          .......  23 

commissioners  to  authorize;  control  by,      .          .          .          .          .          .  23,  25 

damages  for  defects  in  ways,     .          .          .  .          .          .          .25 

electric  company  franchise,  purchase  or  lease,     .....  25 

laws  applicable  to  electric  light  companies,           .....  25 

municipal  authorities  may  regulate,  .......  25 

plant,  limit  of  time  for  equipment;  extension,     .....  24 

records  of  compliance  with  orders,  as  to,          .          .          .          .          .24 

poles  and  wires,  erection,  etc.,  of,  regulated,        .....  24 

local  authorities,  consent  of,            .......  24 

ways,  digging  up  and  repair  of ........  24 

powers  and  duties  of  electric  companies,     ......  25 

purchase  or  lease  of  electric  light  companies,       .....  25 

stockholders,  vote  for,      .........  23 

franchise,  mortgage  of, 17 

transfer,  legislature  to  authorize,        .......  23 

heating,  cooking,  etc.,  may  furnish  gas  for,         .....  126 

connection  with  flue,  etc.,          .          .          .          .          .          .          .          .134 

powers,  privileges  and  liabilities  of  companies  for,        ....  134 

incorporation  authorized,  capital,       .         .         .-•"-.         .         .         .  102 

inspection  laws  apply  to  what, .  100 

gas  below  standards,  penalties  for,  etc.,      ......  97 

illuminating  power,  standard  of ........  97 

inspection  of  gas,  how  and  when,       .......  97 

meter,  supplying  unsealed  to  consumer;  penalty,         ....  95 

testing  of  meters  in  use,         .          .          .          .          .          .          .          .  95 

photometer,  to  be  furnished,     .          *          .          .          .          .          .          .  96 

salary,  etc.,  of  inspector,  to  contribute  to,            .          .          .          .        . «  93 

standard  measure  for  gas,          .          .          .         V        «          .          .          .  94 

test  gas  holders  and  meters,  to  provide,      .          .       .- •          .          .    -     .  94 

inspector  of  gas  meters,  payment  of  expenses  of 95 

interest  in  company,  none  by  commissioners,         .          .          .      •    .          *  9 

leases,  legislature  to  authorize,    .          .          .          .          .                   .      -    .  23 

mortgage,  to  secure  bonds,         .          .          .          .          .                             »  17 

new  company,  business  by,  forbidden;  appeal 28 

office,  in  city  or  town  where  works  are  located,     .          .                    ".          •  29 

officers,  illegal  stock  or  bond  issue, .  18,  20 


INDEX.  209 

GAS    COMPANIES  —  concluded.  PAGE 

pipes,  laying,  by  new  companies,          .......         28 

appeal  to  commissioners,  ........         28 

political  contributions,  prohibited, 55,  56 

price  of  gas,  complaint  to  commissioners,      ......         32 

application  by  company,  ........         32 

purity  of  gas,  commissioners  to  investigate,  .....         14 

quality  of  gas,  complaint  to  commissioners  as  to,  .          .          .          .         32 

real  estate,  purchase  by  bond  issue,    .......         17 

holding  an  increase  of  capital,  ........       122 

returns,  annual,  to  commissioners;  penalty,          .....         30 

secretary  of  state,  to,  of  deposits  by  consumers,  ....       134 

station  records  to  be  kept, 30 

steam  for  power,  etc.,  may  furnish,   .......       126 

stock  dividends  forbidden,  liability  of  directors,  .....         18 

stockholders,  vote  for  bond  issue 17 

electric  business,  vote  for,          ........         23 

heating,  cooking,  etc.,  vote  for,  .......       126 

new  shares,  subscription  for,      ........         20 

supply  to  public,  how  enforced, 31 

transfer  of  franchise,  works,  etc.,  as  to,        .          .          .          .          .          .         23 

ways,  digging  up,  etc.,  consent  for,       ......         132,  133 

damages,  liability  for;  recovery  over,          .          .          .          .          .          .133 

gas-electric  companies,  by,         ........         24 

restoration  in  good  order,  ........         24 

failure  deemed  a  nuisance,     ........         24 

second  company,  by,  forbidden;  appeal,     ......         28 

GAS   INSPECTOR. 

appointment,  oath,  term, 90 

assistants,  appointment,  term,  etc.,  oath,     ......         90 

duties, 91 

salary  and  travelling  expenses,  etc.,  .          .          .          .          .          .          .  11,  92 

gas  companies  to  pay  proportionately,    .          .          .          .          .          .  12,  93 

deputies,  appointment,  oath,  qualifications,  etc.,  .          .          .          .  91, 92 

compensation,  .          .          .          .          .          .          .          .          .          .91 

fees  for  service,  disposition  of,  .          .          .          .          .          .          .          .92 

surplus  of,  how  applied,          ........         93 

duties  in  general  defined 91 

apparatus,  etc.,        ..........         93 

certificates,  etc.,  to  dealers,  not  to  give,      .          .          .          .          .          .91 

expenses,  etc.,          .          .          .          .          .          .          .          .          .          .93 

inspections  of  gas,  how  and  when,      .......         97 

interest  in  manufacture,  etc.,  to  have  none,         .          .          .          .          .90 

meters,  examination  of,    ........  .95 

records  of,  examinable,  .          .          .          .          .          .          .          .95 

testing  of,  in  use;  fees,  .         .          .          .  ,  .95 

photometer,  etc.,  to  be  furnished  to,  for  tests,     .          .          .          .          .         96 

seal  or  stamp,  to  have,  record  of,       .....  .91 

testing  of  meters;  fees,     ......  .       91,92,95 

salary  and  travelling  expenses,  etc.,      .          .....  .  92,93 

gas  companies  to  pay  proportionately,        .          ,  .  93 


210  INDEX. 

GAS    METERS.  PAGE 

character  of,  regulated 95 

consumer's  premises,  entry  on,  to  examine 98 

removal  of  meters,  etc.,  from,   ........  98 

cubic  feet,  to  register  in 95 

gas  holders,  provided  for  testing,         .......  94 

injury  to,  penalties  for, 99 

intelligible  and  plain,  to  be, 95 

rent  not  to  be  charged,  when,      ........  95 

sealed  and  stamped,  to  be 95 

standard  measure  for  gas,         ........  94 

testing  of,  in  use ;  fees,       .........  95 

test  meter  where  no  gas  holder, 94 

unsealed,  penalty  for  supplying,          .......  95 

GENERAL   COURT. 

must  authorize  transfer,  etc.,  of  gas  company,    .....  23 

powers  over  corporations,  .          .          .          .          .          .          ..          .111 

reports  to,  annually, 15 

GOVERNOR. 

appoints  board  of  gas  and  electric  light  commissioners,           ...  9 

clerk  of  board,          ..........  10 

gas  inspector  and  assistants,      ........  90 

designates  chairman  gas  commission,            ......  9 

reports  to,  of  legislation  recommended,         .          .          .          .          .          .15 

supervision  of  expenditures,  etc.,         .          .          .          .          .          .          .  13,  14 

GOVERNOR'S    COUNCIL. 

appointment  gas  commission,  with  advice,  etc.,  of,       ....  9 

gas  inspector,  etc.,  with  advice,  etc.,  of,  .          .          .          .          .90 

reports  to,  of  legislation  recommended,         .          .          .          .          .          .15 

supervision  of  expenditures,  etc.,         .          .          .          .          .          .          .  13,  14 

GUARANTY   FUND. 

deposits  by  customers,  interest  on,      .          .                   .          .          .          .  134 

HEALTH. 

acts  of  gas  or  electric  companies  affecting,  ,  25,  134 

HEARING   BY   BOARD. 

appeals  from  local  grants  of  locations,           .          .'...'..          .  28 

authority  to  gas  company  to  sell  electricity,          .          ."'.'..          .  23 

complaint  as  to  price  or  quality,          .....          .          .          .  32 

determination  of  cost  of  gas  in  Boston,       .         .     ,    .         •         •         •.     161 

petition  for  supply  of  gas  or  electricity,        .          .'    -     .      '  ''  .          .          .  31 

relative  to  issues  of  stock  and  bonds, 19 

HEAT. 

corporations  to  furnish  gas,  etc.,  for,  etc.,   ......  102 

gas  for,  only,  to  be  connected  with  flue,         ......  134 

generation  of,  on  Lord's  day,  legalized,        ......  60 

HIGHWAY.     See  WAYS. 

HOT   WATER. 

corporations  to  furnish,  for  heating,  etc 102 

HYDROGEN,    SULPHURETTED. 

gas  not  to  contain,     ..........  97 

ILLUMINATING    GAS.     See  GAS;  GAS  COMPANIES. 

ILLUMINATING   POWER. 

standard  of,  for  gas, .         .          .  97, 98 


INDEX.  211 

IMPAIRMENT    OF   STOCK.  PAGE 

to  be  made  good,  when,   .........         19 

INCIDENTAL   EXPENSE. 

board  of  gas  and  electric  light  commissioners,  of,  .          .          .          .11 

inspectors  of  gas,  of,  .........         93 

INCREASE    OF    STOCK   AND    BONDS.     See  CORPORATION. 

INFORMATION. 

companies  to  furnish, 30 

to  be  obtained  by  board, 14 

INJURY. 

penalty  for  injuring  lines,  wires,  etc.,  .......       118 

for  injuring  meters,  etc.,  .          .          .          .          .          .          .          .          .  34,  99 

for  injuring  wires,  etc.,  of  private  lines,       ......       143 

See  EMPLOYERS'  LIABILITY. 

INSPECTOR   OF   WIRES. 

appointment,  duties,  etc., 146 

INSPECTORS    OF    GAS.     See  GAS  INSPECTORS. 

INTEREST. 

electric  light  companies,  on  bonds  of, 17,  18 

gas  companies,  on  bonds  of,      ........         17 

municipal  lighting  bonds,  on, 64 

taxation  for,  annually,      .........         65 

ISSUE    OF   STOCKS   AND   BONDS.     See  CORPORATION. 

JAMAICA   PLAIN    GAS   LIGHT    COMPANY. 

See  BOSTON  CONSOLIDATED  GAS  COMPANY. 

JURISDICTION. 

See  GAS  AND  ELECTRIC  LIGHT  COMMISSIONERS;   EQUITY  JURISDIC- 
TION; SUPREME  JUDICIAL  COURT;   SUPERIOR  COURT. 

LABOR.     See  also  EMPLOYERS'  LIABILITY. 

accidents  to  employees,  reports  of,      .......         53 

actions  for  labor  in  public  works,         .......         85 

belting,  hatchways,  temporary  floors,  etc.,  to  be  guarded,       ...         46 
certain  words  and  terms,  defined,       .          .          .          .          .          .          .  39, 40 

communication  with  engine  room,     .......         45 

co-operative  retirement,  etc.,  systems,          .          .          .          .          .          .  54,  55 

corrupt  influencing  of  agents,  forbidden,    .          .          .          .          .         .41 

self-incriminating  testimony,  not  privileged,         .          .          .          .          .41 

discharge  of  employee  without  notice,          ......         48 

doors  not  to  be  locked  during  hours  of  labor,         .....         45 

drinking  water  for  employees,  to  be  provided, 43 

employees  in  public  work,  lodging,  etc.,       .          .  .          .          .85 

employees'  stock, 123 

employees,  to  be  allowed  time  to  vote, 43 

one  day's  rest  in  seven,    .          .          .          .          .          .          .          .          .43 

fraudulent  or  misleading  advertisements,  forbidden,     .      /    .          .          .  41,  53 
free  beds  in  hospitals  for  employees,    .          .'        ,         .          .          .          .       126 

hours  of  labor  for  public  employees,  .          .         .         ,          .          .'         .86,87 
intimidation  of  employees,  forbidden,          .         .          .          .          .          .        40 

membership  in  labor  unions,  not  to  be  forbidden,       •  „         „          .          .         40 
non-resident  special  police,  employment  regulated,   ....        42 

plans  of  compensation  for  injured  employees,  .  ;  .  *  .  52 
public-service  corporations,  employment  by,  restricted,  .  .  .  40 
receptacles  for  expectoration,  to  be  provided,  ~v  ,  .  .  .  46 


212  INDEX. 


LABOR  —  concluded.  PAGE 

security  for  payment  of  labor  on  public  work,       .....         86 

surgical  appliances,  to  be  provided, 47 

use  of  bells  and  whistles,  regulated 42 

explosives,  regulated,      .........         46 

ventilation,  proper,  to  be  provided,  when,  ......  44,  45 

water  closets,  etc.,  to  be  provided  for  employees,          ....  43,  44 

weekly  payment  of  wages 47,  48 

LAND, 
conveyance  of, 126 

LAND    OWNER. 

damages  to,  for  erection  of  lines,  etc.,  ......       144 

LANE. 

location  of  pipe  lines  in, 156 

LEASE. 

by  gas  company,  of  works  forbidden, 23 

of  property,  etc.,  of  electric  company,         .          .          .          .          .          .25 

LEGISLATURE.     See  GENERAL  COURT. 

LIABILITY.     See  CORPORATION;  EMPLOYERS'  LIABILITY. 

LIMIT    OF   CAPITAL   STOCK. 

Boston  Consolidated  Gas  Company, 153 

of  gas  companies, 102,  121 

of  other  companies 102,  103,  121 

LINE, 
construction  of,  in  ways,  regulated,    ......        141,  142 

private  lines, 142,  143 

locations  for,  how  authorized, 141,  142 

private  lines 142,  143 

penalty,  for  injury  to, 34,  148 

pipe,  in  Boston,  etc.,  how  granted, 156,  157 

regulations  for,         ..........       143 

removal  of,       .         .         .         .         <.  .         .         .         .        143,  148 

LOAN.     See  MUNICIPAL  INDEBTEDNESS. 

LOCATION. 

pipes,  etc.,  of  gas  company,         .          ...          .          .          .         132,133 

in  state  highways,   .          .          .          .         '.          ..'-._ •.      '..         .          .       133 

pipe  lines  of  Boston  company,    .          .         „          .          .•'•...         156,  157 
revocation  of,  .          .          ,          .          .         ...'...          .          .       157 

poles  and  wires,  how  authorized,        .          .         .          .          ,         .         141,  142 

alteration  of ,  .          .          .          .          .          .          .          .          .          .          .       142 

by  gas  company, .         «,         .         .         .        24 

private  lines,  how  authorized,      .          .          ...          .          .         .         142,  143 

alteration  or  revocation  of,        .          .          .          .          .          «         .        ,....       143 

revocation  by  city  or  town  forbidden,  when,         .          .          .  .         84 

LORD'S   DAY. 

certain  business  not  prohibited  on, 60 

temporary  permits  for  work  on,        .......        60 

MAIN.     See  PIPE. 

MANUFACTURING   CORPORATION.     See  CORPORATION. 

MARKET   VALUE. 

determination  of,  of  new  shares 20 

of  stock,  ascertained  by  tax  commissioner,  .          .....         37 

returned  annually  by  corporations,    .          .          .          .          .  36 

purchase  of  established  plant  at,          .......         69 


INDEX.  213 

MASSACHUSETTS   HIGHWAY   COMMISSION.  PAGE 

state  highways  not  to  be  dug  up,  without  approval  of,          ...       133 
MASSACHUSETTS   PIPE   LINE    GAS    COMPANY. 

See  BOSTON  CONSOLIDATED  GAS  COMPANY. 
MAXIMUM   PRICE. 

fixed  by  board,  not  to  be  increased,      .......         32 

of  Boston  company,         ........         160,  161 

MAYOR. 

gas  or  electric  light,  complaint  by,  of  price,  etc.,          ....         32 

manager,  municipal  lighting,  appointment  by,      .....         75 

under  direction  and  control  of,  .          .          .          .          .          .          .75 

municipal  debt,  subject  to  veto  of,     .          .          .          .          .          .          .65 

lighting,  subject  to  veto  of,       ........         61 

returns  of  municipal  lighting  plant  by,          ......         80 

MAYOR   AND   ALDERMEN. 

digging  up  of  ways,  consent  to, 24,  133 

regulation  of, 24,  1^3 

gas  or  electric  companies,  consent  to  lines  of  new,     ....         28 

.  locations  of  poles  and  wires,  grants  by,         .          .          .          .          .         141,  142 

damages,  assessment  by,  ........       144 

seizure  of  illegal  measures  by  appointees  of,  .....         58 

MEASURE, 
for  sale  of  coke,         ..........        56 

of  gas,    ............         94 

MEDICAL   EXAMINERS. 

report  of  accidents  by,        .........         34 

MEETINGS.     See  CORPORATION. 
METER. 

electric,  examination  and  test  of,          .......  32,  33 

fees  for, 33 

gas,  to  register  plainly,        .........         95 

charge  for  use  regulated,  ........  95,  96 

examination  of,  by  companies,  .......         98 

injury  to,  penalty  for,       .........         99 

inspection  and  test  of,       .........         95 

makers  of,  to  provide  meter  prover,  .......         95 

removal  of,  by  companies,          ........         98 

sealing  and  stamping  before  use,         .......         95 

test  of,  before  use,  ..........         95 

injury  to,  penalty  for,         .         . 34 

meter  prover,  gas  companies  to  provide,      ......         95 

municipal  plants  to  sell  by,  when,       . —   ......         80 

apparatus  to  measure  output,   .          .          .          .          .          .          .          .80 

METER   PROVERS. 

certain  gas  companies  to  provide,     .......        95 

MORTGAGE. 

electric  light  companies,  of,  to  secure  bonds,     .         .    /     .         .         .17,  18 
gas  companies,  of,  to  secure  bonds,    .          .  .          .         (.          .         17 

real  estate  of  manufacturing  corporation  only  by  stockholder's  vote,       .       126 
MUNICIPAL   INDEBTEDNESS. 

annual  payments,  provisions  for,          .          .          .          .         '.         .          .         66' 

authority  to  incur  debts,  limited,         ....          .          .          .64,65 

bonds,  notes  or  scrip,  issuable  for,        .          .          .          .          .'   ...  64,  65 

debts,  how  authorized,        .          .          .          .          .          .          .  .  64,  65 


214  INDEX. 

MUNICIPAL   INDEBTEDNESS  —  concluded.  PAGE 

interest,  annual  taxation  for, .65 

municipal  lighting  debts  outside  limit, 64,  65 

how  authorized,       .          .          .          .          .          .          .,          .          .          .  64,  65 

how  issued,     ...........         65 

payment  within  what  periods,    ........         64 

premiums  on  bonds,  disposition  of, 66 

proportionate  payment  yearly  by  taxation, 66 

rate  of  interest  on,     ..........         64 

sinking  fund  to  be  established, 65 

taxation  annually  for  interest  and  sinking  fund  or  instalments,       .          .  65,  66 

town  notes,  form,  etc.,  of, 67,  68 

MUNICIPAL   LIGHTING. 

acceptance  of  statute  by  cities  and  towns,  ......        61 

certified  copy  of  record  of,  to  commissioners,       .          .          .          .          .61 

cities,  in,  by  vote  of  council,      .          .          .          .          .          .          .          .61 

approval  or  veto  of  mayor,    .          .          .          .          .          .          .          .61 

submission  to  voters,    .          .          .          .          .          .          .          .          .61 

re-submission  regulated,     .          .          .          .          .          .          .          .61 

annual  or  special  municipal  election,  at,       .          .          .          .          .61 

towns,  in,  by  approval  at  two  town  meetings,     .....         61 

submission  to  voters,    .          .          .          .          .          .          .          .          .61 

ballot  and  voting  list  to  be  used,          .          .          .          .          .          .61 

re-submission  regulated,  ^S        .         .          .          .          .          .          .61 

assessment  to  owner  of  land  for  laying  pipes,  etc.,         .          .          .          .  78,  79 

payment  optional,  but  precedent  to  supply,         .....         79 

authority  to  cities  and  towns  to  make,  etc.,          .....         61 

bonds,  issue  to  pay  for  plant,      ........         64 

certified  copy  of  vote  on,  to  commissioners,         .          .          .          .          .61 

notes  or  scrip,  issue  in  lieu  of,  .          .          .          .          .          .          .          .65 

assessment  of  taxes  to  meet,  .......         66 

books  and  accounts,  how  kept, 79,  80 

city,  etc.,  in,  acting  under  special  law,        .          .          .    *  .          .84 

closing  of,  when,      ..........         80 

form  of,  commissioners  to  prescribe,  ......         80 

inspection  by  commissioners,     .          .          .          .*.,.*          .          .         80 

by-laws  for  protection  of,  by  towns,    .          .          .          .'....         79 

applicability  of ,  to  cities  or  towns,     ..         ..          .'       .          .          .          .         84 

assessment  of  expense,  to  provide  for,  by,  .         .         .          .          .         78 

certified  copy  of,  to  commissioners,    .          .          »          ...          .         61 

cities  and  towns  not  to  sell  electricity  to  street  railway  companies,        .        62 
clerk  of  city  or  town,  notices  to  board  by,          .         .         ..        .         .        61 

penalty  for  neglect,  .          .          .          .          .          .          .          »    •     • .         62 

damages,  liability  of  city,  etc.,  for,      .         .         .         .         .         ...        83 

competition  with  existing  plant,  none  for,  .....         84 

debts  for,  payable  in  thirty  years,        .......         64 

established  plant,  purchase  of,  .......        68 

adjoining  city,  distributing  apparatus  in,    .          .          .          .          .          .72 

establishing  plant,  may  purchase  plant  in,        .          .          .          .          .72 

supply  of  gas,  etc.,  to,  ........         72 

enforcement  of  obligation  to  purchase,        ......  70,  71 

commissioners  to  determine  terms  of  sale,        .....         71 

appeal  from  award,  proceedings,  ......         71 

statement  by  vendor,  filing,  ........         70 


INDEX.  215 

MUNICIPAL   LIGHTING  —  continued.  PAGE 

established  plant,  manufacture,  etc.,  by  vendor  to  cease  on  sale,  .          .         73 

patents,  purchase  of  regulated,  .......         69 

release  from  unfavorable  purchase,    .......         69 

title  to  be  clear, 69 

value,  how  estimated,       .          .          .          .          .          .          .          .          .69 

vendor's  rights  to  manufacture,  to  cease  on  sale,  ....         73 

vote  as  to,  certified  copy  to  commissioners,          .          .          .          .          .61 

extension,  etc.,  of  plant, 68 

certified  copy  of  vote  as  to,  to  commissioners,     .....         61 

furnishing,  to  consumers  on  order  of  board 78 

adjoining  town  and  inhabitants,  to,  .          .          .          .          .          .          .72 

assessment,  payment  of,  precedent,   .......         78 

deposit  by  consumer,        .........         78 

remedy  for  refusal,  .........         78 

indebtedness  for,  regulated 64,  65 

bonds,  issue  of,  to  meet,  .          .  -  .          .          .          .          .          .64 

notes  or  scrip  in  lieu  of  bonds,  .......         65 

omitted  in  computing  debt  limit,        .......         64 

sinking  fund  for  payment  of,     ........         65 

taxation  authorized  to  extinguished,  ......  65,  66 

injuries,  liability  of  city,  etc.,  for  personal, 83 

laws,  applicability  of  general,       ........         84 

locations,  right  of  revocation  regulated,       ......         84 

Lord's  Day,  making  on,  legalized 60 

manager,  appointment,  bond,  compensation,         .....         75 

control,  etc.,  of  plant,  to  have,  .......         75 

penalty  for  not  transmitting  notices  to  board,     .....         78 

receipts,  to  pay  over,        .........         75 

statement,  to  make  annually,    ........  75,  80 

municipal  indebtedness  statute  not  to  apply  to, 64,  65 

light  board  in  towns,         .........         74 

choice  at  annual  town  meeting;  terms  of  office,  .....         74 

manager,  appointment  by,         ........         75 

power  and  authority,        .........         75 

operating  expenses,  definition  of, 76 

|*  appropriations,  annual,  included  in,  .          .          .          .          .          .          .76 

ordinances  for  protection  of,  by  cities, 79 

applicability  of  general,    .........         84 

assessment  of  expense,  to  provide  for,         ......         78 

certified  copy  of,  to  commissioners,    .          .          .          .          .          .          .61 

price,  how  fixed, 78 

change  in,  regulated;  advertisement  of,  .          .          .          .          .78 

copy  of  notice  fixing  or  changing,  to  board,          .          .          .          .          .         78 

purchase  of  electricity  from  street  railway  companies,  .          .          .  62,  63 

gas  or  electricity  from  other  cities,  etc.,      .          .-  .          .          .74 

plant  for  distributing,       .          .          .          .          .          .          .          ...         68 

receipts  from  sale  of  gas,  etc.,  payable  to  city,  etc.,  treasurer,         .          .         75 
records  of  plant,  where  kept,       .          .          .          .          .          .          *         .         79 

returns  annually  by  mayor,  selectmen,  etc.,  ...  .80 

additional .          .          .          .  .80 

applicable  to  city,  etc.,  acting  under  special  law,          .         .  .         84 

form,  contents,  signature  and  oath,   .          .          .          .  .          .         80 


216  INDEX. 

MUNICIPAL   LIGHTING  —  concluded.  PAGE 

supply  to  consumers  only  on  order  of  board,          .....         78 

adjoining  town  and  inhabitants,  to,  .          .          .          .          .          .          .72 

assessments,  payment  of,  precedent,  ......         78 

deposit  by  consumer,        .........         78 

discontinuance  of,  until  arrears  paid,  .          .          .  .          .78 

remedy  for  refusal  of ..........         78 

removal  of  appliances  if  arrears  unpaid,      ......         78 

uses  for  which  applicable,  .          .          .          .          .          .          .          .          .61 

electric  cars,  not  authorized  for  operating,  .          .          .          .          .62 

heat  or  power,  for,  .          .  .          .          .          .          .          .          .61 

light  for  use  of  city,  etc.,  and  inhabitants,  .          .          .          ...         61 

NAME. 

assumption  of  corporate  name,  .......       104 

corporations,  of, 104 

electric  companies,  on  wires  and  poles .        146,  147 

state  highways,  commission  to  give,  .          .          .          .          .          .          .133 

use,  illegal,  of  others,  enjoined, 104,  105 

NEGLIGENCE.     See  EMPLOYERS'  LIABILITY. 
NEW   SHARES.     See  CORPORATION. 
NOTES.     See  MUNICIPAL  INDEBTEDNESS. 
NOTICE. 

corporate  franchise,  etc.,  of  sale  of,      .......       136 

corporation,  of  first  meeting  of, •      .          .107 

increase  of  capital  stock,  .......     20,  21,  121 

organization  of,        ..........        107 

dividends,  list  of  unclaimed, 125 

electric  companies,  to,  to  remove  lines, 145 

cutting,  etc.,  wires,  of  intention,         .......       148 

shares,  of  sales  for  non-payment  of  assessments,   .....       124 

tax  commissioner,  of  determination  of  valuation,         ....         39 

under  employers'  liability  act, 50 

NUISANCE. 

gas  company  guilty  of,  when, 24 

OATH. 

annual  returns  of  gas  and  electric  companies,      .     -*.,.-•     -.          .          .         30 
of  municipal  lighting  plants,      .          .          .          .          .          .  .         80 

commissioner  of  corporations,  of,  .         .         .         .         .         .         .      100 

corporations,  of  auditor  of,  .          .  .          .          .          .       128 

certificates  and  returns  of,         .  -       .          .          .  .          .          .       127 

of  organization,    ....          .          .         >.  .       107 

clerk  of,  .          .          .          ....          .          .          .          .110 

gas  and  electric  light  commissioners,  of,         .      •   .         .         .  9 

clerk  of, '•-.-.  10 

inspectors  of  gas,  of,          .          .          .          .          .          .          .          .         .        90 

deputies,  of,    .......... 

smoke  inspectors,  of .168 

OBLIGATIONS. 

application  of  proceeds  of  bonds  to,    .....  17 

of  stockholder,  non-payment  of  stock,         .          .          .          .          *  •       .       124 
of  Boston  company,  proceeds  of  real  estate,  to,  .  .       155 

OFFICER.     See  CORPORATION;  PUBLIC  OFFICER. 
ORDERS   OF   BOARD. 

companies  to  comply  with,         .... 
courts  to  enforce, 17 


INDEX.  217 

ORDINANCE.  PAOE 

application  of  certain,  to  cities, 84 

certificate  of,  relative  to  municipal  lighting,          .....         61 

inspector  of  wires,  as  to, "    .         .         .       146 

municipal  lighting  plant,  relative  to,  ......         79 

regulations  of  wires,  by, 144 

ORGANIZATION   OF   CORPORATION.     See  CORPORATION. 
PAID   IN. 

stock  to  be,  in  cash  before  issue, 18,  21,  22,  124 

certain  corporations,  in  property,  when,     ......       125 

PAR   VALUE. 

gas  company,  bonds  of,  issue  for, 17 

municipal  bonds,  sale  not  below, 64 

shares  of  stock  in  corporations,  of,  .          .          .          .          .          .120 

change  of  standard,  of,     .........       120 

employees'  stock,  of,         .          .          .          .          .          .          .          .          .       123 

gas,  electric,  etc.,  companies,  issue  for,        ......         18 

issue  for  less  than,  forbidden, 18 

upon  increase,      ...........  21,  22 

limit  of  stockholders'  liability,  .......       131 

return  of,  to  tax  commissioner,  .          .          ...          .          .          .36 

PAYMENT. 

wages,  weekly  payment  of,  ........         47 

PENALTY. 

authority,  to  impose,  in  ordinances  and  by-laws,  ....         79 

for  illegal  issues  of  stock, 20 

See  FINES. 
PERSONAL   ESTATE. 

where  assessed, 35 

PETITION. 

for  supply  of  gas  or  electricity, 31 

PHOTOMETER. 

gas  companies  to  provide,  for  inspector, 96 

inspection  of  gas  by  photometer, 97 

PIPE. 

annual  return  of,  by  companies, 36 

assessment  of,  locally, 35 

value  of,  deducted  for  franchise  tax, 37,38 

laying  of,  by  second  company,  regulated,    . .          .          .          .          .          .28 

in  streets,  etc.,  how  authorized,          .......       133 

in  state  highways,  how  authorized,    .  .          .          .          .          .          .133 

locations  for  pipe  lines  in  Boston,  etc.,        .. 156 

penalty  for  injury  to,          .          .          ...          *         .          .          .          .  34, 99 

regulations  for,        :..         .         .         .        ..         .         .         .         .         .       134 

revocation  of  location  for,  regulated,  .         .        ...         .         .        '.        84 

PLANT.     See  WORKS. 
POLE. 

erection  of,  regulated,        .         .        ......         ,         .         ,          24,  143 

in  state  highways,   .          ;          .          .          .          .          .          .    ,      .          .       133 

private  lines,  .          ,          .        ..          .          ,.       ,,         ,          .          ...        142,143 

insulation  of,  .         .         .         .        ...;.     .         .         .         ,       ...         ,      147 

location  for,  how  authorized, »        141,  142 

alteration  of, •       142 

municipality  may  acquire,  in  adjoining  city,  etc.,  when,        .          .        .„         72 


218  INDEX. 

POLE  —  concluded.  PAGE 

penalty  for  injury  to,          . 34,  143 

regulation  of,  . 143 

removal  from  public  ways,  .          .          .          ,          .          .          .          .       143 

PREMIUM. 

disposition  of,  on  municipal  bonds,    .......         67 

public  official  giving  bond,  to  be  reimbursed  for,  ....         93 

PRESIDENT.     See  CORPORATION. 
PRICE. 

gas  and  electricity,  of,  how  determined 32,  77,  78 

maximum,  of  gas  and  electricity, 32 

of  gas  purchased  by  Boston  company,          .          .          .          .          .          .155 

sold  by  Boston  company  to  other  companies,      .....       158 

purchase,  of  established  plant  by  municipality,    .....         68 

standard,  of  gas,  for  Boston  company,         .......       161 

how  raised  or  lowered,      .          .          .          .          .          .          .          .          .       164 

PRINTING. 

abstracts  of  certificates  of  corporations, 129 

of  returns,  etc.,  gas  and  electric  companies,          .          .          .          .          .         15 
annual  report,  gas  and  electric  light  commissioners,     .          .          .          .         15 

public  documents,  of, 15,  16 

PROFITS. 

co-operative  associations,  distribution  of, 132 

PROXY.     See  VOTE  OF  STOCKHOLDERS. 

PUBLIC   DOCUMENTS.     See  REPORTS  OF  PUBLIC  OFFICERS. 

PUBLIC   OFFICERS. 

not  to  solicit  appointment  of  employees  in  certain  corporations,    .          .         40 
PUBLIC   WAY.     See  WAY. 
PURCHASE. 

of  gas  by  Boston  company,          ........       155 

from  Boston  company,      .          .          .  .          .          .          .          .       158 

of  gas  or  electricity  by  municipality,  when,        .....        74 

of  street  railway  company,        .          .          ......          .          .62,63 

of  property,  etc.,  of  electric  company  by  gas  company,          .         ...         25 

PURCHASE   AND    SALE    OF    GAS   AND   ELECTRIC    COMPANIES. 

See  CONSOLIDATION. 

QUALITY   OF    GAS    OR   ELECTRICITY, 
complaint  as  to,        .         .         .         ,         *         .         .         .         .         •.        32 

investigation  as  to  gas,     .         .     .-*...  •     •;         ...       .         .         .        14 

QUORUM.     See  CORPORATION. 
RAILROAD. 

bonds,  etc.,  issue  of,  ...',,        .         .  18,  19 

equity  jurisdiction  as  to,  .          .          .          .          .          .          .    '   '  .         20 

proceeds,  application  of ,  .          .          .          .          .          .         20 

capital  stock,  issue  of,  . 18,  19 

equity  jurisdiction  as  to,  ......  .20 

increase  of, 20,  21 

par,  issue  for,  only,  .          .          .          .          .          .          .          .          .18 

proceeds,  application  of,  .........  18,  19 

stock,  etc.,  dividends  forbidden,         .          .          .  .          .          .         18 

political  contributions,  prohibited, 55,  56 

RAILROAD    COMMISSIONERS. 

authority  as  to  issues  of  stocks  and  bonds,  .          .        . .          .          .          .  18,  20 

purchase  of  electricity  by  towns  of  street  railway  companies,  .          .  62,  63 


INDEX.  219 

RATES.     See  PRICE. 

RECEIVER.  PAGE 

appointment  of,  upon  dissolution,  etc.,        .          .                    ...  138 

RECORDS. 

of  board,  to  be  kept  by  clerk,     ........  10 

of  compliance  with  order  of  board,     ....  24 

of  corporations, 110,  125 

station,  to  be  kept  by  companies,        .......  30 

REDUCTION. 

of  price  of  gas  or  electricity,        ........  32 

of  stock  of  corporation, 20,  21,  122 

REGULATIONS, 
concerning  wires  and  poles,    .....  .        145-149 

for  erection,  etc.,  of  lines, 143 

health,  etc.,  of  residents  of  city  or  town,      ......  25 

purity  of  gas,  as  to,  .          .          .          .          .          .          .          .          .          .14 

REMOVAL   FROM    OFFICE. 

gas  and  electric  light  commissioners,  of,         .....  9 

REPORTS    OF   PUBLIC    OFFICERS. 

annual,  of  gas  and  electric  light  commissioners,    .....  15 

contents  of,     .          .          .          .          .          .          .          .          .          .          .  15,  80 

printing  and  distribution,  .  .  .  .  .  .  .  .15 

secretary  of  commonwealth,  transmission  to,       .          .          .          .          .15 

time  of  transmission,         .          .          .          .          .          .          .          .          .15 

of  accidents, 34 

recommendations  for  legislation,  made,  when, 15 

RESERVED    SPACE. 

in  ways,  for  electric  wires, 144 

RETURNS.     See  ELECTRIC  COMPANIES;  GAS  COMPANIES. 

REVOCATION   OF   RIGHTS. 

city  or  town  may  not,  when, 84 

ROAD    COMMISSIONERS. 

powers,  duties,  etc.,  same  as  selectmen,  when,       .....  143 

ROXBURY    GAS   LIGHT    COMPANY. 

See  BOSTON  CONSOLIDATED  GAS  COMPANY. 

RULINGS    OF   LAW. 

record  of,  as  to  street  railway  law,       .......  63 

SABBATH.     See  LORD'S  DAY. 

SALARIES   AND    COMPENSATION. 

gas  and  electric  light  commissioners,     ......  10 

inspectors  of  gas, 11 

managers  of  municipal  lighting  plants,         ......  75 

SALE, 

franchise  of  corporation,  of,  on  execution,    ......  136 

gas  or  electric  plant,  of,  to  city  or  town,   ......  68-73 

SCRIP. 

dividends,  forbidden, 18 

for  municipal  indebtedness,       .                   .          .          .          .          .          .  65 

SECRETARY   OF   THE    COMMONWEALTH. 

abstracts  of  certificates  to  be  prepared  by,  .                    .          .          .          .  129 

certificates  of  incorporation,  by,          .          .         .  •  .         .         108-110 

of  change  of  name  to,       .........  106 

of  change  of  business  to,             .          .                    .          .          .          .          .  126 

of  confirmation  of  proceedings  to,                           .          .          .          .          .  135 


220 


INDEX. 


SECRETARY  OF  THE   COMMONWEALTH  —  concluded.  PAGE 

certificates  of  condition  to, 127 

of  increase  of  stock,  .........       128 

of  organization  to,  ..........       108 

of  payment  of  capital  to,  ........       124 

of  reduction  of  stock,        .........       128 

deposit  with,  recommendations  of  legislation,        .....         15 

filing  with,  certificate  of  approval  of  issue  of  stock,  etc..          ...         19 

surrender  of  charter  to,  on  dissolution,         ......       138 

transmission  through,  of  annual  reports, 15 

SELECTMEN, 
corporations,  digging  up  ways,  as  to,  .          .          .          .          .          .       133 

regulations  of,  ..........       134 

electric  companies,  consent  to  lines  of, 24,  28 

appeal  to  gas  commissioners,     ........         28 

locations  for, 141,  142 

damages,  assessment  by;  fees,         .          .          .          .          .          .          .       144 

price  and  quality,  complaints  as  to,  .          .          .          .          .          .          .32 

electric  light,  etc.,  lines,  as  to, 142,  143 

gas  companies,  complaints  as  to  price  and  quality,       ....         32 

furnishing  electric  light,  regulations  as  to,  .          .          .          .          .25 

ways,  digging  up,  repairs,  etc.,  ......  24,  133 

new,  consent  to  lay  pipes  by,    ........         28 

appeal  to  gas  commissioners,  .......         28 

manager,  municipal  lighting  plant,  to  appoint,     .....         75 

measures,  to  enforce  law  as  to,  .          .          .          .          .          .          .          .         58 

SHAREHOLDER.     See  CORPORATION. 
SHARES   OP   STOCK.     See  CORPORATION. 
SINKING   FUND. 

established,  to  be,  for  municipal  debts,        ......         65 

requirements  of,  how  provided,  .          .          .          .          .          .          .76 

SMOKE.     See  ABATEMENT  OF  SMOKE. 

SOUTH   BOSTON    GAS   LIGHT    COMPANY. 

See  BOSTON  CONSOLIDATED  GAS  COMPANY. 
SPECIAL   LAWS. 

table  of ,  by  titles,      .          .          .          .          .......          .171 

STANDARD   DIVIDEND. 

of  Boston  company, .         .      161 

STANDARD   PRICE, 
of  Boston  company,         .  -,.        .         .         .         .         .         .      161 

how  lowered  or  raised,      .          .  .          .          .          .          .         ,       164 

STATE   HIGHWAY. 

laying  pipes,  poles,  wires,  etc.,  in,  regulated,          .          .  .          *       133 

STATISTICS   OF   LABOR.     See  BUREAU  or  STATISTICS  OF  LABOR. 
STOCK.     See  CORPORATION. 
STOCK   DIVIDEND.     See  DIVIDENDS. 
STOCKHOLDERS.     See  CORPORATION. 
STOCK   WATERING. 

act  to  prevent, 18 

STREET.     See  WAY. 
STREET   RAILWAY. 

bonds,  etc.,  issue  of,  ........  .18 

equity  jurisdiction  as  to,  .....  .20 

proceeds,  application  of,  ........         19 


INDEX.  221 

STREET  RAILWAY  —  concluded.  PAGE 

capital  stock,  issue  of, .          .         18 

by  foreign  corporation,  regulated,      .......         23 

increase  of,      .......  ...         18 

equity  jurisdiction  as  to,  ........         20 

par,  issue  for,  only,  .          .          .          .          .          .          .          .          .18 

proceeds,  application  of,  .  .......         19 

stock,  etc.,  dividends  forbidden,          .......         18 

political  contributions,  prohibited,  .          .  ...  55, 56 

purchase  of  electricity  from,  by  towns, 62,  63 

rulings  of  law  as  to,  record  of,    ........         63 

SULPHUR. 

amount  permitted  in  gas,  ........         97 

SULPHURETTED   HYDROGEN. 

gas  not  to  contain,     ..........         97 

SUNDAY   LAW.     See  LORD'S  DAY. 
SUPERIOR   COURT. 

jurisdiction  of,  as  to  orders  of  board, 17 

as  to  dissolution  of  corporation,          .......       137 

as  to  electric  power  companies,  .......         29 

as  to  issues  of  stocks  and  bonds,         .......         20 

as  to  regulations  for  wires,  etc.,          .......       143 

SUPERVISION.     See  GAS  AND  ELECTRIC  LIGHT  COMMISSIONERS. 
SUPPLY   OP    GAS    OR   ELECTRICITY, 
from  municipal  plants,  how  enforced,       ......         78 

from  private  companies,  how  enforced, 31 

refusal  for  arrears,  restricted, 99 

SUPREME   JUDICIAL    COURT. 

jurisdiction  of,  as  to  orders  of  board, 17 

as  to  Boston  consolidation,        .          .          .          .          .          .          .          .159 

as  to  dissenting  stockholders,    ........       154 

as  to  dissolution  of  corporations,        .......       137 

as  to  electric  power  companies,  .          .          .          .          .          .          .29 

as  to  issues  of  stocks  or  bonds,  .......         20 

as  to  municipal  plants,     .          .          .          .          .          .          .          .          .71 

as  to  reduction  of  stock,  .          .          .        . 121 

as  to  regulations  for  wires,  etc.,          .          .          .          .          .          .          .  .     143 

TAX    COMMISSIONER. 

corporations,  returns  to,   .         .          ...         .          .          .          .          .36 

books,  etc.,  may  be  examined  by,      .,,....         36 

details  of  returns,    ..........         36 

values,  commissioner  to  ascertain,      .......         37 

appeal,  commissioner  may  be  heard  on,  .          .          .          .          .38 

remedy  when  diminished,       .          .          .          .          .          .          .          .         39 

expenses  of  gas  commission,  as  to,  .          ,          .          .          .          .         12 

of  gas  inspection,  as  to,    .         -,          .          .          .  «          .          *        93 

TAXES. 

appeal,  by  corporation  from  assessors'  valuation,  .          »          .          .         38 

for  abatement  from  assessors' valuation,     .          .          .          .          .          .         39 

machinery,  value  of,  how  ascertained,          .          .          .          .          .         v        36 

remedy,  when  values  cut  down,          .          .          .          .          .          .  •        .         39 

municipal  debts,  interest  for,  to  be  raised  by,     .          .          .          .         .         65 

sinking  fund  for,  to  be  raised  by,        ....  .65 

municipal  lighting  plant,  excess  of  expenses  to  be  raised  by,         . .        .         76 


222  INDEX. 

TAXES  —  concluded.  PAGE 

rate,  for  corporations,  how  determined,          ......         38 

real  estate,  value  of,  how  ascertained,          ......         37 

remedy,  when  values  cut  down,          .......         39 

TELEGRAPH  AND  TELEPHONE. 

bonds,  issue  of, 18 

equity  jurisdiction  as  to,  .          .          .          .          .          .          .          .20 

proceeds,  application  of,  .          .          .          .          .          .          .          .          .19 

capital  stock,  issue  of, 18 

increase  of,      ...........         20 

equity  jurisdiction  as  to,        .          .          .          .          .          .          .          .20 

par,  issue  for  only,  ..........         18 

proceeds,  application  of,  .          .          .          .          .          .          .19 

stock,  etc.,  dividends,  forbidden,        .......         18 

cities  and  towns,  regulation  by 143,  144 

conduits  under  ways,        .........       142 

ordinances  to  regulate,  in  cities,          .          .          .          .          .          .          .       144 

•     penalty  for  injuring  wires,      ........       143 

private  lines,  how  authorized,   ........       142 

violation  of  regulations;  proceedings, 143 

construction  of  lines  on  ways, 141,  142 

conduits  under  ways,        .........       142 

consent  of  property  owners  to,  .......       147 

damage  to  abutters,  etc.,  .^-       .          .          .          .          .          .          .       144 

easement,  not  gained  by  poles,  etc.,  .  .          .          .          .          .          .       148 

location  by  municipal  authority, 141,  142 

name  to  be  on  poles  and  wires,  ......         146,  147 

poles,  etc.,  erection,  alteration,  etc.,  .  .          .          .          .         141,  142 

removal  if  damages  unpaid,  ........       145 

recording  of  specifications  as  to  poles,         .          .          .          .          .          .       142 

lines,  not  to  incommode  public,  ........       141 

cutting,  etc.,  to  move  buildings,          .          ;          .          .          .          .          .       148 

illegal,  not  protected,        .          .          .          .....          .          .       149 

penalty  for  cutting,  etc.,  without  notice,     .  .          .          .          .       149 

poles,  insulation  of,  penalty,        .          .          .  -.  .          .       147 

political  contributions,  prohibited,  .         .         .     .......         ."         .         .55,56 

private  lines,  construction  of,     .         .         ..         .         /        .         .         .       142 

alterations  in,  .          .          .          .          .          /         .          .          .          .       143 

attachment  of  other  wires  to,    .          .          .:          .          .        . .          .          .       143 

penalty  for  injury  to,        .          .          .          .  .          ...       143 

poles  and  structures  to  belong  to  town,       .          .  .        '-  <          .       142 

removal  of ,  after  hearing,  .          .          .          .          .          .          -k          .       143 

wires,  regulated,  insulation,  etc.,  .          .          .          .  .          .       145 

equity  jurisdiction  as  to,  ........       147 

expense  of  removal,  .........       146 

inspector  of,  duties,  etc.,  ........       146 

TENURE    OP   OFFICE. 

gas  and  electric  light  commissioners,  of,         .....          9 

inspectors  of  gas, 90 

manager  of  municipal  lighting  plant,  ....  .75 

TERM   OF   OFFICE.     See  TENURE  OF  OFFICE. 
TERRITORIAL   LIMITS. 

entry  of  second  company  into,  of  existing  company,  regulated,        .          .         28 
of  Boston  company, 151 


INDEX.  223 

TERRITORIAL  LIMITS  —  concluded.  PAGE 

of  corporations,  change  of,        ....  .  103,  104 

of  electric  business  of  gas  company, 23 

of  municipal  plants, .         .72 

TEST. 

electric  meters,  of, 32,  33 

gas  meters,  of, 94,  95 

TEST    GAS   HOLDER. 
certain  gas  companies  to  provide, 95 

TEST    GAS   METER, 
gas  companies  to  provide,         ........        95 

TOWN. 

inspector  of  wires,  appointment  of ........       146 

manager  of  municipal  plant,  appointment,  ......         75 

municipal  indebtedness,  how  created 64,  65 

municipal  lighting,  as  to,          .          .          .          .          .          .          .          .61 

private  lines,  may  authorize, 142 

regulations  for  electric  lines,  may  establish, 143 

wages,  weekly  payment  by,         ........         47 

TOWN   ACCOUNTANT. 

appointment,  power,  duties,  etc.,       .......  80-83 

TOWN   CLERK. 

duties  as  to  municipal  lighting,  .          .          .          .          .          .          .          .61 

TRANSFER   OF   FRANCHISE. 

by  gas  company,  forbidden, 23 

TRANSFER    OF   STOCK. 

See  CORPORATION;  UNIFORM  STOCK  TRANSFER  ACT. 

TRANSMISSION   OF   ELECTRICITY. 

See  ELECTRIC  COMPANY;  TELEGRAPH  AND  TELEPHONE. 

TREASURER.     See  CORPORATION. 

UNDERGROUND    CONDUITS. 

annual  return  of,  by  companies,        .......        36 

assessment  of,  locally, 35 

value  of,  deducted,  for  franchise  tax,  ......         37 

construction  of,  regulated, 24 

by  second  company,          .........         28 

for  private  use,         ..........       142 

in  state  highway,     ..........       133 

penalty  for  injury  to,          .........         34 

revocation  of  location  for,  regulated, 84 

UNIFORM   STOCK   TRANSFER   ACT. 

provisions  of,    . 114-120 

UNIT   OF   MEASURE. 

for  gas,  established, 94 

VALUE. 

elements  of,  for  purchase  by  town,  etc.,  of  plant,  .          .          .          .69 

fair  structural,  parity  of  capital  and  debt  to,  .          .          .          .         19 

of  assets,  parity  of  capital  and  debt,  on  consolidation,  .          .  22 

underground  conduits,  etc.,  for  tax  commissioner,        .  .37 

new  stock  of  Boston  company,  of,       .          .          .          .          .          .          .       163 

property  for  stock,  at  fair,  when, 124 

See  MARKET  VALUE;  PAR  VALUE. 

VOLUNTARY   ASSOCIATIONS. 

copies  of  certain  instruments,  etc.,  to  be  filed,       .....         31 


224  INDEX. 

VOTE.  PAGE 

of  commissioners  as  to  issues  of  stock,  etc., 19 

of  town  or  city,  for  municipal  plant,  .          .          .          .          .          .61 

for  municipal  indebtedness,       ........         65 

for  purchase  of  electricity,         ........         62 

for  purchase  of  plant  in  adjoining  town,     .          .          .          .          .          .73 

VOTE    OF   STOCKHOLDERS. 

Boston  consolidation, 151 

electric  company,  mortgage  of, 17,  18 

gas  company,  mortgage  of,  .          .         .          .          .         .          .17 

to  furnish  steam,  etc.,       .          .  .          .          .          .          .          .       126 

proxy,  by,  authorized, 110 

requisite  for  change  of  business,  .          .          .          .          .  .       126 

for  deed,  mortgage  or  lease  over  one  year,  .....       126 

for  employees'  stock,         .........       123 

for  free  beds  in  hospitals,  ........       126 

for  preferred  stock 122,  123 

for  special  stock 122 

WAGES. 

weekly  payment  of,  to  employees,      . 47 

WARRANT    OF   DISTRESS. 

against  corporation  for  damages,       .......       136 

WATER   COMPANY.     See  AQUEDUCT  COMPANY. 
WAY. 

electric  company,  wires  of,  in 28 

consent  of  local  authorities  to,  .......         28 

electric  lines  in  or  under, 24,  142 

assessment  of  damages  for,        .          .  .          .          .          .          .       144 

new  company,  of,    ..........         28 

regulations  for,         .......  .       143 

removal  of  unused,  ..........       145 

gas  companies,  pipes  in 133 

new  company,  of,    ....  .        , .  .28 

locations  for  pipe  lines  in,  .         ....        .          .          .          .          .       156 

telegraph  and  telephone  wires  in  or  under,        .         ....       142 

WEEKLY   PAYMENTS.     See  WAGES. 
WIRES. 

affixing  to  private  property,  regulated,          .  .       147 

annual  return  of,  by  companies,        ..        .  .36 

assessment  of  underground,  locally,    .         ,      .   .    '  .  *         .         .         .        35 
value  of,  deducted,  for  franchise  tax,  .    -  .37 

cutting  of,  regulated,          .  *  •  .        148,  149 

erection  of,  by  gas  company,      ..... 

by  second  company,          .... 

for  private  use,         ...'.....  •       142 

in  state  highways,    .          .          .          .   .       . 

inspection  of, •       146 

insulation  of,  ........  •       145 

location  for,      ...  .         141,  142 

municipality  may  purchase  outside  limits,  when,          .  .         72 

penalty  for  injury  to,          .....  34,  148 

regulation  of, "...       143 


INDEX.  225 

WIRES  —  concluded.  PAGE 

removal  of,  illegally  erected 143 

of  abandoned,  etc.,            .........  146 

when  damages  are  unpaid,         ........  145 

supervision  of, .                            .  146 

tagging  of 146 

WORKS. 

electric,  of  gas  company,  equipment,  .......  24 

municipality  to  buy,  only  within  its  limits,           .....  69 

new,  etc.,  for  Boston  company,  when,            ......  155 

of  gas  company,  lease  of,  restricted,  .......  23 

office  to  be  located  where, 29 

purchase,  etc.,  of  other  works  by  Boston  company,       ....  157 
records  to  be  kept  at,          .  .       .          .          .          .          .          .          .          .30 


RETURN  TO  the  circulation  desk  of  any 
University  of  California  Library 

or  to  the 

NORTHERN  REGIONAL  LIBRARY  FACILITY 
Bldg.  400,  Richmond  Field  Station 
University  of  California 
Richmond,  CA  94804-4698 

ALL  BOOKS  MAY  BE  RECALLED  AFTER  7  DAYS 

•  2-month  loans  may  be  renewed  by  calling 
(510)642-6753 

•  1-year  loans  may  be  recharged  by  bringing 
books  to  NRLF 

•  Renewals  and  recharges  may  be  made  4 
days  prior  to  due  date. 

DUE  AS  STAMPED  BELOW 


MAR  1 1 1998 


12,000(11/95) 


321 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


